Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

In re Sealed Case

The D.C. Circuit affirmed a judgment entered by the district court after the defendant pleaded guilty to a two-count indictment charging him with drug and weapons violations and was sentenced. On appeal, the defendant challenged his sentence under 28 U.S.C. 2255, arguing that his counsel provided ineffective assistance by failing to file a notice of appeal after sentencing. Although the appeals court found that defense counsel failed to adequately consult with the defendant regarding an appeal, as contemplated by Roe v. Flores-Ortega (2000), it also noted that under Flores-Ortega , counsel's constitutional duty to consult arises only "when there is reason to think either (1) that a rational defendant would want to appeal (for example, because there are nonfrivolous grounds for appeal), or (2) that this particular defendant reasonably demonstrated to counsel that he was interested in appealing." The court agreed with the government that in this case there would have been only frivolous grounds for appeal and ruled that it could not find defense counsel's actions to have constituted deficient performance.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Argued May 8, 2008

Before: TATEL, BROWN, and KAVANAUGH, Circuit Judges.

After pleading guilty to a two-count indictment charging him with distribution of more than 50 grams of cocaine base and carrying a pistol without a license, appellant received a 262-month sentence, which was at the bottom of the guideline range given appellant’s status as a “career offender.” See U.S. SENTENCING GUIDELINES MANUAL § 4B1.1 (1997). After the sentencing hearing, appellant met briefly with his attorney in the lock-up behind the courtroom. During the meeting, defense counsel recalled, “I told him of his right to appeal in 10 days. But I also told him that at this point I don’t seeany issues with regard to an appeal because everything was according to sentencing guidelines. But he need[ed] to contact me in order for me to notice his appeal.” Hr’g Tr. at 20 (Oct. 14, 2003). When asked how his client responded, the attorney said, “He wasn’t responding. He was really disappointed at that point because of the substantial sentence that he received. And at that point, I told him to contact me if he wanted to appeal and I left.” Id. According to the attorney, the meeting “was really fast. It was probably perhaps two to three minutes I talked to him. I believe the judge had another matter, so I didn’t want to take too much time.” Id. at 22. Appellant made no contact with counsel during the ten-day window, and counsel never filed a direct appeal of the sentence.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
British Legal Awards 2024
November 27, 2024
London

Celebrating achievement, excellence, and innovation in the legal profession in the UK.


Learn More
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Go to Events Go to Webcasts
Associate General Counsel, Global Employment

Role TitleAssociate General Counsel, Global EmploymentGrade F13Reporting ToSenior Legal Counsel, Global EmploymentProgram/Tool/ Department/U...


Apply Now ›
Associate Attorney

Ryan & Conlon, LLP, is a boutique firm specializing in insurance defense. We are a small eclectic practice with a busy and fast paced en...


Apply Now ›
INTELLECTUAL PROPERTY PROSECUTION PARALEGAL

INTELLECTUAL PROPERTY PROSECUTION PARALEGAL - NEW JERSEY OR NEW YORK OFFICESProminent mid-Atlantic law firm with multiple regional office lo...


Apply Now ›
Go to Lawjobs