Michael Joseph Scott v. United States

BEAM, Circuit Judge.

Michael Joseph Scott filed a motion in the district court 1 under 28 U.S.C. § 2255, alleging ineffective assistance of counsel for failure to appeal the district court’s denial of a Rule 35(b) motion. The district court denied Scott relief but granted a certificate of appealability on the ineffective assistance of counsel question. Because there is no Sixth Amendment right to counsel in a Rule 35 appeal, we affirm.

I. BACKGROUND

In July 1998, the government indicted Scott for federal drug law violations. Scott pleaded guilty to one count and was sentenced to a term of 225…