Opinion
3:19-CR-11-1
10-13-2021
UNITED STATES OF AMERICA v. BRANDON LAWRENCE
ORDER
DEBRA M. BROWN, UNITED STATES DISTRICT JUDGE.
On September 16, 2020, this Court sentenced Brandon Lawrence to 292 months imprisonment on Counts One and Three of the Indictment, to be served concurrently. Doc. #391. On or about June 21, 2021, Lawrence filed a pro se “Motion for Reinstatement of Direct Appeal Right Pursuant to Title 28 U.S.C. Section 2255” seeking “an out-of-time appeal” based on his claim that his appointed counsel, William Travis, “deprived him of effective assistance of counsel, because he failed to file a direct appeal, despite [Lawrence's] request to do so.” Doc. #643 at 1- 2. In response to the motion, the government submits that when a defendant such as Lawrence claims ineffective assistance of counsel for failure to file a notice of appeal and the defendant's attorney denies the claim, as Travis does here, “the Court should schedule a hearing on the issue to resolve this factual dispute.” Doc. #647 at 3. Because this Court agrees a hearing is required, a hearing on Lawrence's motion will be set for December 15, 2021.
Lawrence and thirteen others were charged in a 17-count indictment with various crimes related to a drug trafficking conspiracy. Doc. #1. Following Lawrence's guilty plea to Counts One and Three, the remaining counts naming him were dismissed. Doc. #391 at 1.
See Doc. #647-1.
When a § 2255 movant claims ineffective assistance of counsel, he waives his attorney-client privilege as to those matters relevant to such claims. Johnson v. Alabama, 256 F.3d 1156, 1178 (11th Cir. 2001); Laughner v. United States, 373 F.2d 326, 327 (5th Cir. 1967); accord United States v. Bolton, 908 F.3d 75, 101 (5th Cir. 2018).
SO ORDERED.