U.S. v. GRAMMAS

No. 03-50310.

371 F.3d 281 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Gus Peter Grammas, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed May 21, 2004. Revised June 8, 2004.


Attorney(s) appearing for the Case

Joseph H. Gay, Jr., Asst. U.S. Atty., San Antonio, TX, James Andrew Hensarling, Austin, TX, for Plaintiff-Appellee.

Gus Peter Grammas, Bastrop, TX, pro se.

Before EMILIO M. GARZA, DeMOSS, and CLEMENT, Circuit Judges.


EDITH BROWN CLEMENT, Circuit Judge:

Gus Peter Grammas ("Grammas") appeals the district court's denial of his 28 U.S.C. § 2255 motion, arguing that his counsel's performance regarding whether to stand trial or plead guilty was constitutionally deficient. Because Grammas was provided ineffective assistance of counsel, we reverse his conviction and remand for further proceedings.

I. FACTS AND PROCEEDINGS

On March 16, 2001, Grammas was convicted...

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