United States v. Herbert David Neff

STEPHENSON, Circuit Judge.

Appellant Herbert Neff’s “§ 2241 habeas corpus petition” 1 was denied by the district court2 without a hearing. The primary issue on appeal is whether he was denied effective assistance of counsel by virtue of the fact that his attorney did not pursue a direct appeal of Neff’s conviction to this court. We affirm.

Neff was convicted, after a jury trial, on a five-count indictment for firearms violation. Count I alleged that Neff and one Daniel Murphy engaged in the business of dealing in firearms and ammunition without a license, in violation of 18 U.S.C. §§ 922(a)(1)…