United States v. Mario Duran

JAMES E. GRAVES, JR., Circuit Judge:

Federal Prisoner Mario Duran filed the instant 28 U.S.C. § 2255 motion to vacate, correct, or set aside his prison sentence of 120 months and five years of supervised release following his conviction for one count of transportation of child pornography, in violation of 18 U.S.C. § 2252A(a)(1). In his § 2255 motion, Duran argues that his counsel was ineffective for disregarding Duran's instruction to file a direct appeal. Without holding an evidentiary hearing, the district court found Duran's motion untimely and alternatively found that his ineffective…