United States v. Wiley

YOUNGDAHL, District Judge.

Petitioner Wiley was tried by a jury and convicted of assault with a dangerous weapon. At the time of sentencing, he indicated a desire to appeal, but no appeal was ever pursued. Some months later, petitioner submitted a motion to this Court styled “Notice of Appeal” which, however, contained allegations in the nature of a motion to vacate sentence under 28 U.S.C. § 2255 on the ground of ineffective assistance of counsel. Upon receipt of this motion, the Court appointed a Legal Aid Agency attorney to represent petitioner “in the preparation of a supplemental motion…