Ryan v. United States, No. 10-2564 (7th Cir. 2011)
Annotate this CaseDefendant flew a propeller plane loaded with more than 150 pounds of marijuana from California to Wisconsin; was caught; pled guilty to violating 21 U.S.C. 841(a)(1); and was sentenced to 65 months' imprisonment, 3 years' supervised release, and forfeiture (21 U.S.C. 853) of the plane, a car, and some other items. Neither defendant nor his lawyers filed a timely notice of appeal. Two months after the conviction and sentence became final, defendant, acting pro se, filed a motion to vacate under 28 U.S.C. 2255, claiming that counsel abandoned him and that a reasonably diligent prisoner would not have known that counsel had failed to file an appeal or, alternatively, that the limitations period did not start under 2255(f)(2), which governs the period for motions whose filing is impeded by the government. The district court denied the motion. The Seventh Circuit remanded for further factual development, stating that the allegations were not incredible.
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