Whether Massaro v. United States requires a defendant to proceed under §2255 for an ineffective assistance of counsel claim, and if so, whether the Sixth Amendment requires appointed counsel to assist in pursuing that remedy

QUESTION PRESENTED In Massaro v. United States, 538 U.S. 500 (2003), this Court held that a convicted federal defendant may first bring an ineffective assistance of counsel claim in a collateral proceeding under §2255, regardless of whether the defendant could have raised the claim on direct appeal (overruling Billy-Eko v. United States, 8 F.3d 111 (2d Cir. 1993)). The question is whether Massaro v. United States, 538 U.S. 500 (2003) requires, as the First Circuit indicated, that a defendant with an arguably meritorious ineffective assistance of counsel claim must proceed under §2255, despite the fact that under CJA plans, a court is not required to appoint counsel for a collateral proceedings, and if Massaro requires resort to a collateral proceeding, whether the Sixth Amendment requires assigned counsel to assist him in pursuing his ineffective assistance of counsel remedy. i