John M. Rosinski v. United States

Rosinski filed this action pursuant to 28 U.S.C. § 2255 to vacate his sentence under an armed robbery conviction on the ground that he was deprived of the effective assistance of counsel during the period between sentencing and the expiration of time for filing a notice of appeal. His petition was denied by the District Court. We reverse.

Rosinski was represented in the original criminal case by retained counsel. Following conviction, he was advised by the court of his right to appeal. According to his verified petition, he informed counsel of his desire to appeal. Upon learning that…