John S. Mitchell v. United States

The defendant did not appeal from a conviction and sentence under the narcotics laws. It is now too late to do so. He now appeals from denial of a motion under 28 U.S.C. § 2255 to vacate his sentence.

His present counsel, appointed by the District Court, contends that because trial counsel did not appeal, trial counsel did not give the defendant the “effective assistance” to which he was entitled. The defendant says his trial counsel refused to appeal because the defendant could not pay him a fee. But such a refusal, in the circumstances of this case, is not a ground for vacating the sentence.

I…