Jimenez v. United States of America
Johnny Jimenez |
United States of America |
1:2012cv01539 |
March 26, 2012 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Allyne R. Ross |
Prisoner: Vacate Sentence |
28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
None |
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Filing 7 OPINION & ORDER: On the basis of the submissions before it, the Court finds that counsel was ineffective. His non-recollection of events cannot overcome petitioner's claim that he asked counsel to submit a notice of appeal, and, con trary to other attorneys found to be effective advocates in similar circumstances, counsel does not purport to have a policy of filing notices of appeal at a client's request. A finding of ineffectiveness is, therefore, warranted. The p etition is granted as to petitioner's ineffective assistance of counsel claim, and petitioner's right to appeal is restored. The Clerk of Court is directed to treat petitioner's § 2255 motion as a notice of appeal from his underlying conviction in Case No. 10-CR-434 and to serve the notice of appeal pursuant to Federal Rule of Appellate Procedure 3(d). The Court declines to reach petitioner's remaining claims, which have been rendered moot by the restoration of petitioner's right to appeal, and denies them without prejudice. SO ORDERED by Judge Allyne R. Ross, on 8/22/2012. C/mailed to pro se Petitioner by Chambers. (Latka-Mucha, Wieslawa) (Latka-Mucha, Wieslawa) |
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Respondent: United States of America | |
Represented By: | Darren LaVerne |
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Petitioner: Johnny Jimenez | |
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