United States v. Gustav W. Skurdal

OPINION

ALARCÓN, Circuit Judge.

Gustav W. Skurdal appeals from the denial of his 28 U.S.C. § 2255 (“ § 2255”) motion to vacate, set aside or correct his conviction and sentence. We reverse. We conclude that Mr. Skurdal’s attorney’s failure to file a proper Anders brief in support of his motion to be relieved of his appointment to represent Mr. Skurdal on his direct appeal constituted a denial of effective assistance of counsel under the Fifth Amendment. Accordingly, we hold that Mr. Skurdal has demonstrated cause and prejudice for his failure to seek review of the issues presented in his § 2255…