United States Second Circuit

Where a petitioner moving to vacate, set aside, or correct sentence under 28 U.S.C. section 2255, alleges that his attorney failed to file a requested appeal, prejudice will be presumed even if the defendant waived appeal in a plea agreement.

Appellate Information

• Decided 03/23/2006
• Published 03/24/2006

Judges

• SOTOMAYOR, Circuit Judge:, Before:  POOLER and SOTOMAYOR, Circuit Judges, and KORMAN, Chief District Judge.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Sally Wasserman, New York, New York, for Petitioner-Appellant.


• For Appellees:
  
• William C. Komaroff, Assistant United States Attorney (David N. Kelley, United States Attorney for the Southern District of New York, on the brief;  Robin L. Baker, Assistant United States Attorney, of counsel), New York, New York, for Respondent-Appellee.