Nnebe v. United States

BARRINGTON D. PARKER, Circuit Judge:

Michael Nnebe appeals from a judgment of the United States District Court for the Southern District of New York (Scheind- lin, J.), denying his motion pursuant to 28 U.S.C. § 2255 to vacate his sentence, ostensibly to permit him to petition for cer-tiorari review. This appeal presents the issue of what relief is available when, in violation of our rules implementing the Criminal Justice Act, 18 U.S.C. § 3006A, appellate counsel promises to file a certio-rari petition, but fails to do so. We conclude that Nnebe is entitled to pursue certiorari review.…