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Lawyer Never Told to Appeal Not Ineffective For Failing to Do So

By Jonathan Byrne

US v. Cooper: Cooper was charged with two drug counts and carrying a firearm in connection with a drug trafficking crime. Although he initially had an agreement with the Government to plead guilty to one drug count and the 924(c), Cooper eventually entered an Alford plea without an agreement to the charges. After an initial sentencing hearing at which the district court resolved some objections to the PSR but did not impose sentence, Cooper and the Government agreed to a Guideline range of 121 to 151 months on the drug charges (in addition to the 60-month 924(c) sentence, of course). At a second sentencing hearing, the district court accepted the stipulation and impose a total sentence of 181 months in prison. Cooper did not appeal.Cooper later filed a motion seeking to vacate his sentence, arguing that his appointed lawyer was ineffective because he failed to consult with Cooper about the possibility of an appeal...continue to full post

Full post as published by Fourth Circuit Blog on August 19, 2010 (boomark / email).