United States Third Circuit

In an appeal of sentence of life imprisonment, District Court's denial of plaintiff's motion for collateral relief under 28 U.S.C. section 2255 is reversed, his sentence vacated, and remanded with instructions for the District Court to reenter the sentence so plaintiff has a second opportunity to file a direct appeal. The ineffective assistance of plaintiff's counsel constituted cause for the failure to file a direct appeal, particularly in light of the government's breach of a plea agreement, and the plaintiff was prejudiced by that failure.

Appellate Information

• Argued 12/08/2008
• Decided 02/03/2009
• Published 02/03/2009

Judges

• Before:  FISHER, JORDAN and STAPLETON, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• David R. Fine, [Argued], K & L Gates, Harrisburg, PA, Counsel for Appellant.


• For Appellees:
  
• Nelson L. Jones, [Argued], Office of the United States Attorney, Charlotte Amalie, St. Thomas USVI, Counsel for Appellee.