Fredrick G. Doyle v. United States

This appeal from the denial of a § 2255 motion presents three issues: (1) Did the trial court have jurisdiction to correct an illegal sentence while appeal was pending? (2) Was defendant denied his right to appeal when the appeal was dismissed for counsel’s failure to prosecute? (3) Was defendant denied effective assistance of counsel independent of any denial of right to appeal?

We hold that the trial court did have jurisdiction to correct the sentence, and that counsel’s ineffectiveness denied Doyle his right to appeal but did not otherwise impair his defense.

FACTS

Doyle was charged with three counts of armed robbery and two counts of carrying a firearm during the commission of a felony. While in custody, he signed a waiver of his right to presence of counsel, and he confessed to the robberies. Doyle initially pled not guilty to all charges.

After discussions with his public defender, Doyle decided not to seek suppression of the confession, and to plead guilty to one armed robbery count and one firearm count in exchange for the dismissal of the other counts. He was sentenced on the two counts.

Doyle gave timely notice of appeal. Counsel planned to raise only the sentencing…