Dowell v. U.S.

Dist. Ct. erred in denying defendant’s habeas petition alleging that his defense counsel was ineffective for failing to file notice of appeal regarding issue regarding Dist Ct.'s designatoin of defendant as career offender when sentencing him to 180-month term of incarceration on drug distribution charge. While Dist. Ct. based instant denial on waiver of collateral attack language in plea agreement, Ct. of Appeals found that defendant could challenge propriety of his sentence via habeas petition where: (1) plea agreement allowed defendant to contest career offender finding in any direct appeal; and (2) defendant’s assertion that trial counsel failed to file notice of appeal would constitute ineffective assistance of counsel if Dist. Ct. on remand found that defense counsel had ignored defendant’s instruction to file notice of appeal.