United States v. Albarran-Moreno
Opinion of the Court
After pleading guilty to conspiracy to distribute cocaine, Juan Albarran-Moreno
“[A] lawyer who disregards specific instructions from the defendant to file a notice of appeal acts in a manner that is professionally unreasonable.” Roe v. Flores-Ortega, 528 U.S. 470, 477, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000). A defendant is not required to identify specific issues or show a likelihood of success on the merits if counsel’s deficient performance “deprived [him] of the appellate proceeding altogether.” Id. at 482-83. Furthermore, our review of the record shows that the plea agreement reserved Albarran’s right to appeal “Sentencing Guidelines determination(s)” and that the case involves at least one contested sentencing issue.
Accordingly, we VACATE the denial of § 2255 relief and REMAND to the district
VACATED AND REMANDED.
Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
Federal prisoner No. 22234-084.
Reference
- Full Case Name
- United States v. Juan ALBARRAN-MORENO
- Cited By
- 1 case
- Status
- Published