United States v. Roderick Tyronda Witherspoon

Vacated and remanded by published opinion. Judge WILKINS wrote the opinion, in which Judge WILLIAMS and Judge TRAXLER joined.

OPINION

WILKINS, Circuit Judge:

Roderick Tyronda Witherspoon appeals an order of the district court dismissing his motion to vacate his sentence, see 28 U.S.C.A. § 2255 (West Supp.2000), in which he claimed that his attorney was ineffective for failing to file an appeal. We vacate the order and remand for further proceedings consistent with this opinion.

I

Witherspoon is a federal prisoner who pled guilty to conspiracy to distribute cocaine and heroin. See 21 U.S.C.A. § 846…