An Appeal to Remember

In this mail fraud case arising out of the District of Maryland, the Fourth Circuit once again reviewed the validity of a waiver of appellate rights and applied the waiver only as to the appellant’s sentence.  The court also addressed the issue of ineffective assistance of counsel and held, not surprisingly, that the appellant must first raise the issue in a post-conviction proceeding pursuant to 28 U.S.C.A. Section 2255, unless trial counsel’s ineffectiveness “conclusively appears” on the record. 

In this bank fraud case, the Fourth Circuit briefly addressed the procedure involved in finding a violation of supervised release.

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