Dennis Ralph Katz v. United States

Dennis Katz (“Katz”) appeals pro se the district court’s dismissal of his 28 U.S.C. § 2255 motion. Katz alleged ineffective assistance of counsel based on his counsel’s failure to perfect his appeal. The district court denied the petition, ruling that his escape disentitled his appeal and that the extreme delay prejudiced the government. We affirm the denial of the petition.

FACTS AND PROCEEDINGS

On March 31,1971, a jury convicted Katz of two offenses related to the concealment, transportation, and delivery of marijuana. On April 23, 1971, the district court sentenced Katz to seven years of imprisonment on each of his offenses and to a $2500 fine. The terms of imprisonment were concurrent.

The same day the district court sentenced Katz, he filed a notice of appeal. That day Katz was also released on bond. Sometime after the filing of the notice of appeal and his release on bond, Katz left the jurisdiction. Because Katz failed to perfect his appeal, .this court dismissed Katz’s appeal for lack of prosecution.

In 1984, thirteen years after his escape, authorities in Norway arrested Katz on drug charges. The United States obtained extradition and incarcerated Katz at a federal…