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U.S. v. WINBUSH

No. 17-7148.

922 F.3d 227 (2019)

UNITED STATES of America, Plaintiff-Appellee, v. Antwaun Maurice WINBUSH, a/k/a Nick, a/k/a Antwaun Winbush, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: April 23, 2019.

Attorney(s) appearing for the Case

ARGUED: Rajesh Ram Srinivasan , KATTEN MUCHIN ROSENMAN LLP, Washington, D.C., for Appellant. Drew Oliver Inman , OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee. ON BRIEF: Robert T. Smith , KATTEN MUCHIN ROSENMAN LLP, Washington, D.C., for Appellant. Michael B. Stuart , United States Attorney, John J. Frail , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charleston, West Virginia, for Appellee.

Reversed and remanded by published opinion. Chief Judge Gregory wrote the opinion, in which Judge Diaz and Judge Harris joined.

This appeal stems from the district court's dismissal of Antwaun Winbush's petition for habeas corpus relief pursuant to 28 U.S.C. § 2255. Winbush brought a claim for ineffective assistance of counsel based on his counsel's failure to challenge his designation as a career offender under the Sentencing Guidelines. The district...

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