No. 18-8053

Malcolm Roland Allen v. United States

Lower Court: Fourth Circuit
Docketed: 2019-02-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 18-usc-3006a 6th-amendment career-offender due-process ineffective-assistance ineffective-counsel judicial-proceedings notice-of-appeal prejudice sentencing-guideline sentencing-guidelines
Key Terms:
HabeasCorpus
Latest Conference: 2019-03-22
Question Presented (AI Summary)

Whether ineffective counsel failed to file a notice of appeal and object to career offender sentencing guideline

Question Presented (OCR Extract)

QUESTION(S) PRESENTED . I. WHETHER at the time of evidentiary hearing was granted to challenge the ineffective counsel's failure to file a Notice of Appeal per Petitioner's request and to object or investigate in disqualifiedr -career offender sentencing guideline which one of two prior convictions imposed less than 1 year term of imprisonment, should the U.S District Court appoint him another counsel to represent him to challenge his ineffective counsel's failure? Il. WHETHER if it ineffective counsel or not based his deficient performance failed to object and investigate disqualified career of fender sentencing guideline and failed to file a Notice of Appeal per petitioner's request where both failures substantially prejudiced him resulted in an increase of sentence term pursuant to §4B1.1, :§4B1.2 and §3742? III. WHETHER is it contradicting to 18 U.S.C.§3006A and a governing Rule in Section 2255 or not? when the 4th Circuit Court and the U.S District Court denied petitioner's right to be represented ; at all stages of judicial proceedings and conflicting even its own precedents as well as this Court's decisions? PAGE 1 , ii

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-28
Waiver of right of respondent United States to respond filed.
2018-07-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 25, 2019)

Attorneys

Malcolm Roland Allen
Malcolm Roland Allen — Petitioner
Malcolm Roland Allen — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent