Legal Opinion
United States v. Cong Van Pham
Court of Appeals for the Fifth Circuit
Decided July 8, 2013No. 11-50717PublishedCited by 22 opinions
1Opinion of the Court
WIENER, Circuit Judge:
Cong Van Pham (“Pham”) appeals the denial of his § 2255 motion in which he asserted ineffective assistance of counsel based on his lawyer’s failure to consult with him about filing a direct appeal of his sentence. We conclude that Pham reasonably expressed an interest in an appeal immediately after he was sentenced, which triggered counsel’s duty to consult. We reverse and remand to give Pham an opportunity to file a direct appeal.
I. Facts & Proceedings
Pham is a refugee from Vietnam, speaks no English, and, until the events leading to this appeal, had no criminal record.…
2Cases cited10 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Roe v. Flores-OrtegaSupreme Court of the United States · 2000
- United States v. TappCourt of Appeals for the Fifth Circuit · 2007
- Frank D. Frazer v. State of South Carolina Henry Dargan McMaster Attorney General for South CarolinaCourt of Appeals for the Fourth Circuit · 2005
- Thompson v. United StatesCourt of Appeals for the Eleventh Circuit · 2007
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3Cited by22 opinions
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- Commonwealth v. GreenSuperior Court of Pennsylvania · 2017
- United States v. William CrainCourt of Appeals for the Fifth Circuit · 2017
- Michael Shane McCormick, Sr. v. United StatesCourt of Appeals for the Sixth Circuit · 2023
- United States v. Mayo BarnesCourt of Appeals for the Fifth Circuit · 2013
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