Judge Sidney Stein
Represented by Segal, Acevedo pleaded guilty to conspiring to distribute one kilogram or more of heroin. He was sentenced to 120 months in prison. At a plea hearing Acevedo acknowledged that the plea agreement and indictment were read to him in Spanish, and understood he agreed not to contest under 28 USC §§2255 or 2241 any sentence under 155 to 188 months. Appellate counsel Taubenhaus informed Acevedo she filed Anders brief. Affirming conviction, the Second Circuit granted Taubenhaus withdrawal as counsel. District court denied Acevedo §2255 relief from sentence. In rejecting claims of Segal’s ineffectiveness, it noted that Segal’s affirmation—and Acevedo’s sworn plea hearing statements—contradicted Acevedo’s claims that Segal failed to translate the indictment and plea agreement into Spanish. Also, Segal’s submissions—with the rest of the record—showed his representation of Acevedo was objectively reasonable. Further, Acevedo had sufficient notice of appellate counsel Taubenhaus’ Anders brief. Because Taubenhaus filed a proper Anders brief and because Acevedo knew the substance of that motion and his options in proceeding, Acevedo’s claim of ineffective assistance of appellate counsel was unavailing.