Montemoino v. United States

Robert Montemoino was convicted, based upon his guilty plea, of conspiracy to possess with intent to distribute cocaine. He did not appeal his conviction or sentence. Thereafter, Montemoino filed a 28 U.S.C. § 2255 petition raising a large number of grounds for relief. The district court denied that petition, and Montemoino appeals.

The district court’s denial of the petition was proper, except in one respect. One of the grounds Montemoino raised in the petition was that his attorney had rendered ineffective assistance of counsel by failing to appeal his sentence. Montemoino alleged in the…