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Argued May 8, 2008

Before: TATEL, BROWN, and KAVANAUGH, Circuit Judges.

After pleading guilty to a two-count indictment charging him with distribution of more than 50 grams of cocaine base and carrying a pistol without a license, appellant received a 262-month sentence, which was at the bottom of the guideline range given appellant’s status as a “career offender.” See U.S. SENTENCING GUIDELINES MANUAL § 4B1.1 (1997). After the sentencing hearing, appellant met briefly with his attorney in the lock-up behind the courtroom. During the meeting, defense counsel recalled, “I told him of his right to appeal in 10 days. But I also told him that at this point I don’t seeany issues with regard to an appeal because everything was according to sentencing guidelines. But he need[ed] to contact me in order for me to notice his appeal.” Hr’g Tr. at 20 (Oct. 14, 2003). When asked how his client responded, the attorney said, “He wasn’t responding. He was really disappointed at that point because of the substantial sentence that he received. And at that point, I told him to contact me if he wanted to appeal and I left.” Id. According to the attorney, the meeting “was really fast. It was probably perhaps two to three minutes I talked to him. I believe the judge had another matter, so I didn’t want to take too much time.” Id. at 22. Appellant made no contact with counsel during the ten-day window, and counsel never filed a direct appeal of the sentence.

 
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