Choosing the Right Attorney
The Fourth Circuit Court of Appeals published an opinion on August 16, 2010 regarding the case of United States v. Cooper. Cooper filed a 2255 motion alleging that his counsel provided him insufficient legal representation because he failed to consult with him about appealing his case. Cooper originally pled guilty to two drug trafficking offenses and a firearms offense without first obtaining a plea agreement. The U.S. Attorney's Office eventually agreed not to request an enhancement in his sentence if Cooper did not object to his presentence investigation report. Cooper accepted the offer and received 121 months imprisonment, which was the lower level of the guidelines.
During his sentencing hearing, there was no indication that Cooper desired to file an appeal. The 4th Circuit found that a defendant's counsel is not necessarily required in all circumstances to advise his client about an appeal. However, there is a constitutional duty to consult with the defendant about an appeal when there is reason to believe that a rational defendant would want to appeal or that the particular defendant indicated that he or she was interested in appealing. In determining whether a rational defendant would want to appeal, the court must look to objective facts surrounding the case. These particular facts can only be evaluated on a case-by-case basis. The Court concluded that Cooper's attorney would have no reason to believe that Cooper wished to appeal because Cooper wanted to take a guilty plea. As a result, the Court affirmed the judgment of the lower district court.
In these types of instances, a client is not always satisfied that they received the best defense. This is the reason that it is extremely important to hire an attorney that has your best interests in mind. An experienced federal defense attorney is able to make sure that you are informed of all your options. Further, if you do choose to file an appeal, your attorney should also be familiar with the appellate process. A good federal appellate lawyer can advise you on the issues that may be relevant to your appeal and make sure that it is timely filed.
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