Joel LaRue, Jr. v. United States

Federal inmate Joel LaRue seeks to appeal after the District Court summarily dismissed his 28 U.S.C. § 2255 motion. We grant a certificate of appealability. See Slack v. McDaniel, 529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000) (standard of review). For the reasons discussed below, we also vacate the dismissal and remand for further proceedings.

In August 2011, LaRue was arrested in Arizona on a state drug charge and was later sentenced to 30 months in prison. In February 2012, he was transferred to federal custody under a writ of habeas corpus ad prosequendum to face a related…