United States Second Circuit

Appeal of conviction for possessing with intent to distribute one or more kilograms of heroin is dismissed as untimely and remand under U.S. v. Fuller, 332 F.3d 60 (2d Cir. 2003) is unwarranted as it would only be appropriate where it is uncontested that the defendant received constitutionally ineffective assistance of counsel due to counsel-s failure to file a timely appeal when requested by the defendant.

Appellate Information

• Decided 12/22/2006
• Published 12/26/2006

Judges

• PER CURIAM., Before CABRANES, SACK, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Laurie S. Hershey, Manhasset, NY, for Defendant-Appellant., Susan Corkery, Assistant United States Attorney (Roslynn R. Mauskopf, United States Attorney, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellee.