Warren Evans, Jr. v. United States
SocialSecurity Immigration
Whether application of the deadline for filing a Notice of Appeal under the Federal Rules of Appellate Procedure violates the appellant's right to counsel under the Sixth Amendment
QUESTIONS PRESENTED: 1. Whether application of the deadline for filing a Notice of Appeal under the Federal Rules of Appellate Procedure violates the appellant’s right to counsel under the Sixth Amendment, when the failure to file a timely appeal was caused by counsel’s failure to file in violation of the appellant’s right to effective assistance of counsel under this Court’s decision in Roe v. Flores-Ortega, 528 U.S. 470 (2000). 2. Whether the causation requirement for the application of the statutory sentence enhancement under 21 U.S.C. § 841(b)(1)(©) is not satisfied when the toxicology evidence shows that the cause of injury or death was lethal levels of two drugs, only one of which was connected with the defendant. ii