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VANWINKLE v. U.S.

No. 09-3462.

645 F.3d 365 (2011)

Arthur VANWINKLE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 11, 2011.

Attorney(s) appearing for the Case

ARGUED: Mark W. Mosier , Covington & Burling LLP, Washington, D.C., for Appellant. Benjamin C. Glassman , Assistant United States Attorney, Cincinnati, Ohio, for Appellee. ON BRIEF: Mark W. Mosier , Covington & Burling LLP, Washington, D.C., for Appellant. Benjamin C. Glassman , Assistant United States Attorney, Cincinnati, Ohio, for Appellee.

Before: KEITH, McKEAGUE, and KETHLEDGE, Circuit Judges.

OPINION

KEITH, Circuit Judge.

Petitioner-Appellant Arthur Vanwinkle pled guilty to use of an access device and possession of device-making equipment in violation of 18 U.S.C. § 1029(a). In return, the government dismissed the other, more serious offenses for which he was indicted. Vanwinkle subsequently filed a 28 U.S.C. § 2255 motion to vacate his sentence, arguing that his guilty plea was legally insufficient. Because Vanwinkle's claim is procedurally...

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