Martin v. United States

Finn Martin moved pursuant to 28 U.S.C. § 2255 for permission to file an untimely appeal due to ineffective assistance of counsel. The District Court denied the motion based on the fact that Martin had pled guilty. Because Martin was entitled to appeal his sentence even though he pled guilty, and because the failure to file an appeal constituted ineffective assistance of counsel, we reverse.

I. BACKGROUND

Finn Martin was represented by Frank E. Freeman, a criminal defense attorney. Martin pled guilty to conspiracy to import cocaine and was sentenced to 169 months in prison. Martin claims that…