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U.S. v. GRAMMAS

No. 03-50310.

376 F.3d 433 (2004)

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

United States Court of Appeals, Fifth Circuit.

July 1, 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, Seagoville, TX, pro se.

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

EDITH BROWN CLEMENT, Circuit Judge:

Upon reconsideration, we withdraw our previous opinion, reported at 371 F.3d 281, and substitute the following:

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. Though we hold that Grammas was provided ineffective assistance...

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