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THOMPSON v. U.S.

No. 05-16970.

504 F.3d 1203 (2007)

Richard THOMPSON, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

As Amended October 18, 2007.

Attorney(s) appearing for the Case

Philip Robert Horowitz (Court-Appointed), Law Office of Philip R. Horowitz, Miami, FL, for Thompson.

Anne R. Schultz, Carol E. Herman, Asst. U.S. Atty., Miami, FL, for U.S.

Before TJOFLAT, BARKETT and KRAVITCH, Circuit Judges.

BARKETT, Circuit Judge:

Upon sua sponte reconsideration of this appeal, we amend our prior opinion and substitute the following opinion in its place.

Richard Thompson appeals the district court's denial of his Motion to Vacate brought pursuant to 28 U.S.C. § 2255. We reverse.

I. Background

Thompson and two co-defendants, Wayne Annakie and Elworth Stone, pled guilty to one count of conspiracy to possess with intent to distribute...

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