Taylor v. United States, No. 15-827 (2d Cir. 2016)
Annotate this CasePetitioner, convicted of drug-related charges, appealed the denial of his 28 U.S.C. 2255 motion to vacate his conviction and sentence, alleging that his counsel appointed under the Criminal Justice Act (CJA), 18 U.S.C. 3006A, failed to timely inform him of the court's decision affirming his conviction and sentence. Petitioner argued that such failure deprived him of the opportunity to petition for rehearing and rehearing en banc. The court held that the CJA entitles defendants to representation in filing non‐frivolous petitions for rehearing and rehearing en banc. Where counsel determines that a petition would be frivolous, counsel should inform the client of the opportunity to petition pro se, move to withdraw, and at the same time, move on behalf of the CJA client for an extension of time to file a pro se petition. In this case, petitioner has not had an opportunity to substantiate his allegations. Accordingly, the court remanded for further factual development.
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