United States v. Osborne

MEMORANDUM

COLLIER, District Judge.

The defendant Mitchell D. Osborne (“Osborne”) has filed a pro se motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (Court File No.l). Osborne contends that his judgment of conviction and sentence should be vacated, set aside, or corrected because he received ineffective assistance of counsel. Osborne claims counsel was ineffective when he failed to amend his appellate brief with an Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000) claim and when he waived petitioner’s right to a full transcript on appeal.

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