United States v. Michael Leslie Blaylock

Defendant-appellant Michael Leslie Blay-lock brings a direct appeal from the final decision of the district court under 28 U.S.C. § 1291 . Blaylock also appeals the district court’s denial of his motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 . The two appeals have been consolidated.

In the direct appeal, Blaylock raises an ineffective assistance of counsel claim and challenges the district court’s decisión to exclude his medical records and to deny him a two-point reduction for acceptance of responsibility. In the Section 2255 petition, he again raises the ineffective assistance of counsel claim. We have jurisdiction to review final decisions of the United States District Court pursuant to- 28 U.S.C. § 1291 and Rule 4(b) of the Federal Rules of Appellate Procedure.

We reverse Blaylock’s conviction and grant a new trial based on the district court’s erroneous and prejudicial decision to exclude Blaylock’s medical records. We also reverse the district court’s decision to deny Blaylock an evidentiary hearing on the ineffective assistance of counsel claim. We do not reach the issue of whether the district court should have granted Blaylock a…