Norman v. United States
Norman v. United States
Opinion of the Court
Petitioner, Marcus Norman, appeals the denial of his motion to vacate his sentence under 28 U.S.C. § 2255, claiming ineffective assistance of counsel for the failure of counsel to file a notice of appeal when requested by the petitioner. For reasons stated herein, we reverse and remand.
In 1995, Norman pleaded guilty to a two-count indictment, charging him with
On remand, the district court resen-tenced Norman to 168 months of incarceration, which included a two-point increase for possession of a firearm under USSG § 2Dl.l(b)(l). Norman requested his counsel to file a notice of appeal. In particular, he wanted to challenge the two-point firearm enhancement under § 2Dl.l(b)(l), but counsel felt there was no appealable issue and refused to do so.
Although the district court denied relief, finding that an attorney is not required to file an appeal which would be groundless, it did not have the benefit of two cases which were decided subsequent to its decision. See Roe v. Flores-Ortega, 528 U.S. 470, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000); Ludwig v. United States, 162 F.3d 456, 459 (6th Cir. 1998). Because of those subsequent cases, the United States has conceded error.
Therefore, this matter will be reversed and remanded in order for counsel to file a notice of appeal so that Norman may pursue the merits of his claim on appeal.
REVERSED AND REMANDED.
Reference
- Full Case Name
- Marcus NORMAN v. United States
- Cited By
- 1 case
- Status
- Published