Neill v. United States, No. 18-5350 (6th Cir. 2019)Annotate this Case
The Sixth Circuit affirmed the district court's denial of petitioner's 28 U.S.C. 2255 motion to vacate, set aside, or correct his sentence. The court held that petitioner could not prevail on his ineffective assistance of counsel claim because, even assuming that counsel provided deficient advice, petitioner failed to establish a reasonable probability that he would have appealed had he received competent advice from counsel. In this case, not only was petitioner's likelihood of success on appeal quite low, but even if he were to succeed on appeal, he also would have likely faced a harsher sentence than he originally received. Therefore, these were strong indicators that petitioner would not have appealed had his counsel given him accurate information.