Opinion
02 C-50141
August 19, 2002
ORDER
As Harold Strang has moved to withdraw his appeal before the appeal has been docketed in the Court of Appeals, this court grants the motion to withdraw the appeal. See FRAP 42(a). The June 7, 2002 order of this court denying Strang's § 2255 motion is vacated. Strang has also filed a traverse to the Government's response to his original § 2255 motion. In his traverse, Strang raises one issue: whether or not his trial counsel was ineffective for failing to file and pursue a direct appeal of the denial of his motion to suppress evidence as reserved under Fed.R.Crim.P. 11(a)(2). In the traverse, Strang represents he sought a direct appeal through his trial counsel and his trial counsel sought substitute counsel to handle the appeal but no appeal was filed. See Castellanos v. United States, 26 F.3d 717 (7th Cir. 1994). The Government is to respond to this issue only within 21 days stating whether an evidentiary hearing should be held or the court should grant the relief requested — the right to a direct appeal with counsel appointed. Strang's other motion for transcripts is held in abeyance.