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U.S. v. TAPP

No. 05-30222.

491 F.3d 263 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Timothy TAPP, also known as T, also known as TT, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 28, 2007.

Attorney(s) appearing for the Case

Diane Hollenshead Copes, Maurice Landrieu, Asst. U.S. Attys., New Orleans, LA, for U.S.

Timothy Tapp, Oakdale, LA, pro se.

Before REAVLEY, GARZA and DENNIS, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Timothy Tapp ("Tapp"), federal prisoner # 26638-034, appeals the district court's denial of his § 2255 habeas petition, wherein Tapp argued that his trial counsel rendered ineffective assistance by failing to timely file a notice of appeal ("NOA"). We vacate the district court's judgment and remand for an evidentiary hearing to determine whether Tapp requested that his counsel file an appeal.

In February 2001, Tapp pleaded...

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