Michael Owen Brannan v. United States

On August 29, 1988, the district court sentenced petitioner Michael Owen Brannan (“Brannan”) to imprisonment for a term of 15 years for use of a counterfeit access device in violation of 18 U.S.C. § 1029 (a)(1) and misuse of a social security number in violation of 42 U.S.C. § 408 (g)(2). Brannan was deemed eligible to partake in a study pursuant to 18 U.S.C. § 4205 (d), and on December 19, 1988, the district court suspended the remainder of Brannan’s sentence and placed Brannan on probation for a period of five years, with various terms and conditions governing his release.

Following a hearing on January 25, 1993, the district court found that Brannan violated the terms and conditions of his probation. On February 1, 1993, the district court entered an order revoking the December 19, 1988 order of probation and committing Brannan to the custody of the Attorney General for a term of two years. The record reveals that Brannan was represented during the district court proceedings by appointed counsel; counsel, however, did not file a notice of appeal on behalf of Brannan.

On March 11, 1993, this court received, a pro se letter from Brannan which referred to the district court’s…