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U.S. v. POINDEXTER

Nos. 05-7635, 05-7636.

492 F.3d 263 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Walter Oriley POINDEXTER, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Walter Oriley Poindexter, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 28, 2007.

Attorney(s) appearing for the Case

ARGUED: Megan Elizabeth Quinlan, Covington & Burling, Washington, DC, for Appellant. Harry Mason Gruber, Assistant United States Attorney, Office of the United States Attorney, Baltimore, Maryland, for Appellee. ON BRIEF: Caroline M. Brown, Covington & Burling, Washington, DC, for Appellant. Rod J. Rosenstein, United States Attorney, Baltimore, Maryland, for Appellee.

Before MOTZ and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Vacated and remanded by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge MOTZ and Judge SHEDD joined.

OPINION

HAMILTON, Senior Circuit Judge.

Walter Poindexter filed a motion pursuant to 28 U.S.C. § 2255, contending, among other things, that his attorney rendered constitutionally ineffective assistance when he failed to file a timely notice of appeal after being unequivocally instructed to do so. In denying Poindexter...

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