United States v. Akande, No. 18-6833 (4th Cir. 2020)
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After defendant moved under 28 U.S.C. 2255 to vacate his conviction based on the ineffective assistance of counsel, the district court denied the motion.
The Fourth Circuit granted a certificate of appealability and reversed the district court's judgment. The court held that, given counsel's specific misadvice regarding defendant's rights to preserve his appellate rights, on which defendant understandably relied, the district court's general admonishments did not amount to the careful explanation that addresses the particular issue necessary to cure the error. In this case, the plea colloquy did not correct counsel's erroneous advice and the error prejudiced defendant. Accordingly, the court remanded for further proceedings.
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