Beruflich Dokumente
Kultur Dokumente
No. 11-6711
Appeal from the United States District Court for the District of
Maryland, at Baltimore.
Catherine C. Blake, District Judge.
(1:03-cr-00351-CCB-4; 1:08-cv-01723-CCB)
Submitted:
February 9, 2012
Decided:
PER CURIAM:
Kenneth
Mitchell,
federal
prisoner,
filed
28
to
to
fully
appeal
convey
the
his
plea
district
options
courts
to
him.
order
Mitchell
dismissing
his
his
motion.
appealability
We
granted
Mitchell
further
received
counsels
alleged
failure
options.
fully
on
convey
the
of
and
to
briefing
certificate
issue
Mitchells
of
plea
Therefore, we vacate in
that
his
counsel
only
communicated
the
Mitchell
offer
with
cooperation to him and told him that his options were to take
the plea agreement or go to trial.
Mitchell
went
to
trial.
jury
found
him
guilty
of
Mitchell was
an
swore
affidavit
that
he
attached
would
have
to
his
foregone
2255
trial
motion,
had
his
advice
of
counsel,
sufficient cooperation.
but
apparently
failed
to
provide
ineffective
assistance
of
counsel.
See
Jones
v.
Murray, 947 F.2d 1106, 1110-11 (4th Cir. 1991); see also United
States
v.
Blaylock,
(collecting cases).
20
F.3d
1458,
1465-66
(9th
Cir.
1994)
and the files and records of the case conclusively show that the
prisoner is entitled to no relief, the court shall . . . grant a
prompt hearing thereon, determine the issues and make findings
of fact and conclusions of law with respect thereto.
2255(b).
28 U.S.C.
United States v.
Witherspoon,
231
F.3d
923,
925-27
(4th
Cir.
2000);
see
Raines v. United States, 423 F.2d 526, 530 (4th Cir. 1970).
review
district
courts
refusal
to
conduct
an
also
We
evidentiary
Nor is
was
necessary
required
to
rule
in
on
order
to
Mitchells
Because an evidentiary
make
the
2255
factual
motion,
the
findings
district
We remand with
that
counsel
failed
to
advise
him
of
the
Governments
We dispense with
oral
contentions
argument
adequately
because
presented
in
the
the
facts
and
materials
legal
before
the
court
are
and