Legal Opinion
United States v. Tapp
Court of Appeals for the Fifth Circuit
Decided June 28, 2007No. 05-30222PublishedCited by 61 opinions
1Opinion of the Court
EMILIO M. GARZA, Circuit Judge:
Timothy Tapp (“Tapp”), federal prisoner #26638-034, appeals the district court’s denial of his § 2255 habeas petition, wherein Tapp argued that his trial counsel rendered ineffective assistance by failing to timely file a notice of appeal (“NOA”). We vacate the district court’s judgment and remand for an evidentiary hearing to determine whether Tapp requested that his counsel file an appeal.
In February 2001, Tapp pleaded guilty to possessing with intent to distribute one and a half kilograms of cocaine base, in violation of 21 U.S.C. § 841(a)(1). Tapp waived the…
2Cases cited6 opinions
- Roe v. Flores-OrtegaSupreme Court of the United States · 2000
- United States v. Ludevina Ayala CervantesCourt of Appeals for the Fifth Circuit · 1998
- Francisco Gomez-Diaz v. United StatesCourt of Appeals for the Eleventh Circuit · 2005
- Jose Campusano v. United StatesCourt of Appeals for the Second Circuit · 2006
- United States v. GarrettCourt of Appeals for the Tenth Circuit · 2005
1 more not listed; retrieve them via the Exa API.
3Cited by61 opinions
- Garza v. IdahoSupreme Court of the United States · 2019
- United States v. ShedrickCourt of Appeals for the Third Circuit · 2007
- Robert Campbell v. United StatesCourt of Appeals for the Sixth Circuit · 2012
- Watson v. United StatesCourt of Appeals for the Eighth Circuit · 2007
- United States v. MabryCourt of Appeals for the Third Circuit · 2008
56 more not listed; retrieve them via the Exa API.