Ramee Jamal Shah, Aka: Eddie Harris, Jr. v. United States

Shah, a federal prisoner, appeals from the denial of his 28 U.S.C. § 2255 motion to vacate his sentence. Shah’s principal contention is that the district court erred by failing to grant an evidentiary hearing on his ineffective assistance of counsel claims. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. §§ 1291 , 2253. We affirm in part, and reverse and remand in part.

I

On May 5, 1986, Shah pleaded guilty in the district court to conspiracy to distribute and to possess with intent to distribute heroin in violation of 21 U.S.C. §§ 841 , 846. On July 1, 1986, the court sentenced Shah to 12 years’ imprisonment, and a $50.00 special assessment pursuant to 18 U.S.C. § 3013 . On October 16, 1986, Shah filed a motion to modify his sentence pursuant to Fed.R.Crim.P. 35. After hearing argument on December 29, 1986, the court denied Shah’s motion.

On May 19, 1987, Shah filed a motion to vacate and set aside his sentence pursuant to 28 U.S.C. § 2255 . Shah’s motion raised five grounds, three of which were summarily dismissed by the court as frivolous. This action is not challenged on appeal. In the remaining claims, Shah alleged first that he received ineffective…