United States Sixth Circuit

In an appeal arising from a 28 U.S.C. section 2255 motion to vacate petitioner's sentence for conspiracy to distribute marijuana and conspiracy to launder money, dismissal of the section 2255 motion is reversed and remanded where: 1) certain statements by petitioner were sufficient to trigger the district court's duty to inquire into the source and nature of his dissatisfaction, and its failure to do so violated his Sixth Amendment right to counsel; and 2) a remand was required for a determination of whether petitioner was entitled to equitable tolling, as the section 2255 motion was untimely filed.

Appellate Information

• Decided 04/09/2008
• Published 04/09/2008

Judges

• Before KEITH, CLAY, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Christopher P. Yates, Yates, Lagrand & Denenfeld, Grand Rapids, Michigan, for Appellant.  B. Rene Shekmer, Assistant United States Attorney, Grand Rapids, Michigan, for Appellee.