Thomas v. United States, No. 22-2026 (2d Cir. 2024)
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In the United States Court of Appeals for the Second Circuit, the case revolves around the appeal of Gregory Thomas, who alleges ineffective assistance of counsel due to the failure to file an appeal from his resentencing. Thomas was convicted in 2006 on various counts, including murder for hire, drug-trafficking offenses, and mail fraud. In 2020, he was resentenced to approximately 24 years of imprisonment. No appeal was filed post-resentencing, which Thomas claims was against his explicit instructions to his counsel. He subsequently filed a federal habeas petition under 28 U.S.C. § 2255, which was denied by the district court without conducting any fact-finding.
The Court of Appeals found that the district court erred by denying Thomas's petition without conducting a fact-finding inquiry. Citing the precedent set in Campusano v. United States, the court highlighted the necessity of a factual inquiry when a habeas petitioner alleges that his counsel failed to file a requested notice of appeal. The court emphasized that the right to appeal is sacrosanct, especially in cases involving the loss of an entire appellate proceeding. As a result, the court vacated the district court's order and remanded the case for further proceedings, including a fact-finding inquiry into Thomas's allegations.
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