RHODE v. U.S.

No. 08-15004 Non-Argument Calendar.

583 F.3d 1289 (2009)

Kurt Louis RHODE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

September 29, 2009.


Attorney(s) appearing for the Case

Kurt Louis Rhode, Milan, MI, pro se.

Judy K. Hunt, Tampa, FL, for U.S.

Before BIRCH, HULL and FAY, Circuit Judges.


PER CURIAM:

Kurt Louis Rhode, a federal prisoner proceeding pro se, appeals the district court's denial of his 28 U.S.C. § 2255 motion to vacate. For the reasons set forth below, we vacate and remand for consideration of Rhode's claim that counsel was ineffective for failing to file a motion to withdraw his guilty plea.

I.

Rhode, who pled guilty to and is serving a 60-month sentence for child enticement, in violation of 18 U.S.C. §...

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