United States v. Shepherd, No. 15-50991 (5th Cir. 2018)Annotate this Case
The Fifth Circuit reversed the district court's denial of defendant's 28 U.S.C. 2255 motion, holding that his guilty plea was rendered involuntary by ineffective assistance of counsel (IAC). Defendant claimed that he is not currently, nor ever was, under a legal duty to register in Texas and that his trial attorney was ineffective for failing to make that claim. The court held that, under the circumstances of this case, counsel's lack of inquiry beyond comparing two statutes was IAC and defendant was prejudiced by it. Accordingly, the court rendered judgment granting defendant's motion.