United States v. Homer McKinley Peak

OPINION

K.K. HALL, Circuit Judge:

Homer McKinley Peak appeals a final order of the district court denying his petition for habeas corpus relief under 28 U.S.C. § 2255. We reverse and remand with instructions to grant the writ moulded so as to permit Peak to take a direct appeal from his conviction.

I

On November 28, 1989, Peak was indicted by a federal grand jury. He was charged with one count of conspiracy to distribute crack cocaine and one substantive count of distribution. Through counsel, Peak agreed to a plea bargain, under which he would plead guilty to the substantive count and the…