Albert Gray, Jr. v. United States

The denial of this 28 U.S.C.A. § 2255 petition for a writ of habeas corpus must be vacated and remanded for reconsideration of the claim that federal defendant Albert Gray, Jr. was denied effective assistance of counsel when his attorney failed to file an appeal after specifically being requested to do so.

Gray was convicted on charges relating to his participation in a heroin distribution scheme and sentenced to 24 years in federal prison. No direct appeal was filed on his behalf. Gray did file a pro se Fed.R.Crim. P. 35 motion for reduction of sentence several months later, which was denied…