United States v. Pham, No. 11-50717 (5th Cir. 2013)
Annotate this CaseDefendant, a refugee from Vietnam who spoke no English, appealed the denial of his 28 U.S.C. 2255 motion where he alleged ineffective assistance of counsel based on his counsel's failure to consult with him about filing a direct appeal of his sentence. After his wife was diagnosed with a brain tumor, defendant, who had no criminal record, was convicted of growing over seven hundred marijuana plants in order to raise money to pay for his wife's medical treatment. When sentenced, defendant was visibly upset at receiving a prison sentence instead of probation, saying that a prison sentence would kill his wife, who relied on his care; and, while his wife cried nearby, defendant spoke with counsel regarding his concern about getting 60 months and desire to do something to get less time. The court concluded that defendant reasonably expressed an interest in an appeal immediately after he was sentenced and this triggered counsel's duty to consult. Accordingly, the court reversed and remanded for further proceedings.
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