United States v. Ted A. Lewis

Lewis was arrested on a criminal complaint charging him with intent to distribute methamphetamine and conspiracy to possess with intent to distribute methamphetamine. He was thereafter charged with distribution and production of methamphetamine.

After plea bargaining, Lewis filed a guilty plea and was sentenced on July 11, 1986. On July 29th, Lewis’s attorney filed a document entitled “Notice of Intent to File Appeal.” However, no actual notice of appeal was filed until December 16, 1986, beyond the statutory time limit. The court of appeals directed the district court to afford Lewis’s attorney an opportunity to show excusable neglect. The district court ruled that he failed to show such neglect and the appeal eventually was dismissed.

On January 26, 1987, Lewis, with new counsel, filed this 28 U.S.C. § 2255 motion to vacate sentence alleging (1) failure of the district court to comply with Fed.R. Crim.P. 32 in imposing sentence; (2) imposition of sentence based on erroneous information; and (3) ineffective assistance of counsel. The district court denied the motion and an appeal was timely filed.

I

Lewis first claims that his sentence was illegal because it was not imposed…