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UNITED STATES v. CHATWIN

No. 21-4003.

60 F.4th 604 (2023)

UNITED STATES of America, Plaintiff-Appellee, v. Joseph Lee CHATWIN, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

FILED February 17, 2023.

Attorney(s) appearing for the Case

Benjamin C. McMurray , Assistant Federal Public Defender ( Scott Keith Wilson , Federal Public Defender, with him on the briefs), Salt Lake City, Utah, for Defendant-Appellant.

Nathan H. Hack , Assistant United States Attorney ( Andrea T. Martinez , United States Attorney, with him on the brief), Salt Lake City, Utah, for Plaintiff-Appellee.

Before PHILLIPS, Circuit Judge, LUCERO, Senior Circuit Judge, and McHUGH, Circuit Judge.

Joseph Lee Chatwin appeals the district court's denial and dismissal of his 28 U.S.C. § 2255 motion. Exercising jurisdiction under 28 U.S.C. §§ 1291 and 1253, we reverse and remand.

BACKGROUND

In 2013, Chatwin pleaded guilty to two counts: (1) bank fraud ("Count 3") and (2) using or carrying...

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