Francisco Gomez-Diaz v. United States

COX, Circuit Judge:

Francisco Gomez-Diaz (“Petitioner”) filed a timely 28 U.S.C. § 2255 motion challenging his conviction and sentence on federal offenses. He alleged, among other things, that counsel appointed to represent him failed to file a notice of appeal as he requested.

It is well-settled that a lawyer who disregards instructions from his client to appeal has acted “in a manner that is professionally unreasonable.” Roe v. Flores-Ortega, 528 U.S. 470, 477, 120 S.Ct. 1029, 1035, 145 L.Ed.2d 985 (2000). Prejudice is presumed. Id. at 483, 120 S.Ct. at 1035. The issue on this appeal is…