Campbell v. United States, No. 11-3233 (6th Cir. 2012)
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Campbell pleaded guilty to conspiracy to commit wire and mail fraud, 18 U.S.C. 1341, 1343, by engaging in a mortgage-fraud scheme that violated 18 U.S.C. 371. As part of the plea agreement, Campbell partially waived the right to appeal his conviction and sentence. In a motion to vacate under 28 U.S.C. 2255, Campbell claimed that his attorney’s failure to file an appeal despite Campbell’s alleged express instruction to do so amounted to ineffective assistance of counsel. Without conducting an evidentiary hearing to answer whether Campbell did unequivocally instruct his attorney to file an appeal, the district court denied the motion. The Sixth Circuit vacated and remanded; a defendant is entitled to counsel who will follow through on express instructions to proceed with an appeal, no matter what the ultimate odds of success.
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