Fredrick G. Doyle v. United States

WRIGHT, Circuit Judge:

This appeal from the denial of a § 2255 motion presents three issues: (1) Did the trial court have jurisdiction to correct an illegal sentence while appeal was pending? (2) Was defendant denied his right to appeal when the appeal was dismissed for counsel’s failure to prosecute? (3) Was defendant denied effective assistance of counsel independent of any denial of right to appeal?

We hold that the trial court did have jurisdiction to correct the sentence, and that counsel’s ineffectiveness denied Doyle his right to appeal but did not otherwise impair his defense.

FACTS

Doyle…