January 27th, 2018

​US Court of Appeals for the Fifth Circuit Opinions
United States v. Shepherd

Docket: 15-50991
Opinion Date: January 26, 2018
Judge: Jerry E. Smith
Areas of Law: Criminal Law

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.