United States v. Grammas
Court of Appeals for the Fifth Circuit
1Opinion of the Court
EDITH BROWN CLEMENT, Circuit Judge:
Upon reconsideration, we withdraw our previous opinion, reported at 371 F.3d 281, and substitute the following:
Gus Peter Grammas (“Grammas”) appeals the district court’s denial of his 28 U.S.C. § 2255 motion, arguing that his counsel’s performance regarding whether to stand trial or plead guilty was constitutionally deficient. Though we hold that Grammas was provided ineffective assistance of counsel, we remand to the district court for a hearing in order to determine whether that deficiency prejudiced Gram-mas.
I. FACTS AND PROCEEDINGS
On March 16, 2001,…
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