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U.S. v. JOHNSON

No. 99-3115

254 F.3d 279 (2001)

United States of America, Appellee v. Robert Johnson, a/k/a Big Rob, Appellant

United States Court of Appeals, District of Columbia Circuit.

Decided July 13, 2001

Attorney(s) appearing for the Case

Mary M. Calkins, Student Counsel, argued the cause as amicus curiae on the side of appellant. With her on the briefs were Steven H. Goldblatt (appointed by the court), Director, and Adam N. Steinman, Supervising Attorney, Appellate Litigation Program, Georgetown University Law Center.

Elizabeth H. Danello, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Wilma A. Lewis, U.S. Attorney at the time the brief was filed, John R. Fisher and Roy W. McLeese, III, Assistant U.S. Attorneys. Mary-Patrice Brown, Assistant U.S. Attorney, entered an appearance.

Before: Sentelle, Henderson, and Garland, Circuit Judges.

Opinion for the Court filed by Circuit Judge Garland.

Concurring opinion filed by Circuit Judge Karen LeCraft Henderson.

GARLAND, Circuit Judge:

In April 1997, while serving a sentence for drug-related convictions, Robert Johnson filed a motion pursuant to 28 U.S.C. § 2255 to vacate his sentence on the ground that he had received ineffective assistance of counsel at sentencing. The district court denied the motion in July 1998. Eleven months later...

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