United States v. Jesse B. Pollard

Affirmed by published opinion. Chief Judge WILKINS wrote the opinion, in which Judge TRAXLER joined. Judge TITUS wrote a dissenting opinion.

OPINION

WILKINS, Chief Judge:

Jesse B. Pollard appeals a decision of the district court affirming a magistrate judge’s denial of his motion to dismiss a petition on probation filed against him and to vacate the underlying sentence of probation. Pollard argues that his sentence of probation is invalid under Alabama v. Shelton, 535 U.S. 654, 122 S.Ct. 1764, 152 L.Ed.2d 888 (2002), because he was not appointed counsel before he pleaded guilty. Finding that…