Blake v. United States, No. 15-1239 (7th Cir. 2016)
Annotate this CaseBlake pled guilty to possessing cocaine base with intent to distribute and possessing a firearm as a felon, 18 U.S.C. 922(g); 21 U.S.C. 841(a)(1). Based on his career offender status, he was sentenced to 216 months in prison. Blake did not appeal, but almost a year later filed a motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. The district court held an evidentiary hearing on one of Blake’s claims, that he had received ineffective assistance of counsel when his attorney failed to file a requested notice of appeal, then denied Blake’s motion. The Seventh Circuit affirmed, based on a finding that Blake did not ask his attorney to file an appeal.
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