Taylor v. United States

KATZMANN, Chief Judge:

The Criminal Justice Act (“CJA”), 18 U.S.C. § 3006A, entitles financially eligible defendants to the assistance of counsel when petitioning for a writ of certiorari. In Nnebe v. United States, we held that the “unusual remedy” of recalling a mandate is available when counsel appointed under the CJA interferes with that right by “promis[ing] to file a certiorari petition, but failing] to do so.” 534 F.3d 87, 88, 91 (2d Cir.2008). Recalling the mandate allows us to reenter judgment in the direct appeal and, thus, restart the clock for filing a petition so that the…