Legal Opinion

Rhode v. United States

Court of Appeals for the Eleventh Circuit

Decided September 29, 2009No. 08-15004PublishedCited by 45 opinions

Non-Argument Calendar.

1Per curiam

Kurt Louis Rhode, a federal prisoner proceeding pro se, appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate. For the reasons set forth below, we vacate and remand for consideration of Rhode’s claim that counsel was ineffective for failing to file a motion to withdraw his guilty plea.

I

Rhode, who pled guilty to and is serving a 60-month sentence for child enticement, in violation of 18 U.S.C. § 2422(b), filed the present pro se § 2255 motion to vacate based on a claim of ineffective assistance of counsel. In a memorandum attached to his motion, Rhode explained that,…

2Cases cited6 opinions

  1. Tannenbaum v. United StatesCourt of Appeals for the Eleventh Circuit · 1998
  2. Richard Joseph Lynn v. United StatesCourt of Appeals for the Eleventh Circuit · 2004
  3. Danforth v. MinnesotaSupreme Court of the United States · 2008
  4. Willie Clisby, Cross-Appellant v. Charlie Jones, Warden, Holman Unit, Alabama Department of Corrections, Cross-AppelleeCourt of Appeals for the Eleventh Circuit · 1992
  5. Murray v. United StatesCourt of Appeals for the Eleventh Circuit · 1998

1 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. John D. Dupree v. Warden, Attorney General, State of AlabamaCourt of Appeals for the Eleventh Circuit · 2013
  2. McKay v. United StatesCourt of Appeals for the Eleventh Circuit · 2011
  3. Edward Dell v. United StatesCourt of Appeals for the Eleventh Circuit · 2013
  4. Long v. United StatesCourt of Appeals for the Eleventh Circuit · 2010
  5. Denzil Earl McKathan v. United StatesCourt of Appeals for the Eleventh Circuit · 2020

40 more not listed; retrieve them via the Exa API.

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