United States Second Circuit

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Taylor v. US, 15-827

Denial of motion pursuant to 28 U.S.C. section 2255 to vacate petitioner's conviction and sentence for conspiracy to distribute crack cocaine, 21 U.S.C. sections 841(b)(1)(C) and 846, and distributing crack cocaine, 21 U.S.C. sections 841(a)(1) and (b)(1)(C), is reversed and remanded for rehearing where: 1) the Criminal Justice Act (CJA), 18 U.S.C. section 3006A, provides financially eligible defendants with the right to the assistance of counsel when filing petitions for rehearing and rehearing en banc, and when counsel fails to fulfill that obligation and the defendant acts with diligence in seeking relief, the court may recall the mandate to allow the defendant an opportunity to timely petition for rehearing or rehearing en banc; and 2) petitioner has not yet had an opportunity to prove the truth of his allegation that he was deprived of his statutory right to the assistance of counsel when seeking rehearing.

Appellate Information

  • Decided
  • Published 2016/05/13

Judges

  • KATZMANN

Court

  • United States Second Circuit

Counsel