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U.S. v. CONG VAN PHAM

No. 11-50717.

722 F.3d 320 (2013)

UNITED STATES of America, Plaintiff-Appellee v. CONG VAN PHAM, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 8, 2013.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Margaret Mary Embry , Assistant U.S. Attorneys, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.

M. Carolyn Fuentes , Donna F. Coltharp , Assistant Federal Public Defender, Federal Public Defender's Office, San Antonio, TX, for Defendant-Appellant.

Before: WIENER, DENNIS, and OWEN, Circuit Judges.

WIENER, Circuit Judge:

Cong Van Pham ("Pham") appeals the denial of his § 2255 motion in which he asserted ineffective assistance of counsel based on his lawyer's failure to consult with him about filing a direct appeal of his sentence. We conclude that Pham reasonably expressed an interest in an appeal immediately after he was sentenced, which triggered counsel's duty to consult. We reverse and remand to give Pham an opportunity to file a direct appeal.

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