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U.S. v. PEAK

No. 91-7326.

992 F.2d 39 (1993)

UNITED STATES of America, Plaintiff-Appellee, v. Homer McKinley PEAK, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 16, 1993.

Attorney(s) appearing for the Case

Carla Markim, Student Atty., Appellate Advocacy Clinic, The American University Washington College of Law, Washington, DC, argued (Jennifer Lyman, S. Christopher Marlow, Student Atty., on brief), for defendant-appellant.

Paul Alexander Weinman, Asst. U.S. Atty., Greensboro, NC, argued (Robert H. Edmunds, Jr., U.S. Atty., on brief), for plaintiff-appellee.

Before RUSSELL and HALL, Circuit Judges, and PAYNE, United States District Judge for the Eastern District of Virginia, sitting by designation.

OPINION

K.K. HALL, Circuit Judge:

Homer McKinley Peak appeals a final order of the district court denying his petition for habeas corpus relief under 28 U.S.C. § 2255. We reverse and remand with instructions to grant the writ moulded so as to permit Peak to take a direct appeal from his conviction.

I.

On November 28, 1989, Peak was indicted by a federal grand jury. He was charged with one count of conspiracy to distribute crack cocaine...

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