Federal court to decide whether man asked attorney to appeal

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The 7th Circuit Court of Appeals has ordered a federal judge in the Southern District of Indiana to consider whether a defendant asked his attorney to appeal his designation of a career offender at sentencing, following a guilty plea.

The government argued that Fred Dowell’s plea agreement prevented his filing of a 28 U.S.C. Section 2255 motion asserting ineffective assistance of counsel because his attorney failed to file the directed appeal. Dowell’s plea agreement specifically allowed for him to appeal if the judge found him to be a career offender and also waived his right to appeal his conviction or sentence on any other ground.

Chief Judge Philip Simon agreed with the government that the waiver provisions in the plea agreement precluded relief.

Dowell claimed he asked his attorney to appeal on the grounds of the career offender enhancement, but the attorney did not file the appeal. He said he did not learn of this until several months later and asked that he be allowed to assert a defense.

“The plea agreement specifically reserves the right to appeal the career offender determination,” Judge Ann Claire Williams wrote in Fred E. Dowell v. United States of America, 10-2912. “The specific reservation of that right necessarily includes a meaningful opportunity to exercise it,” including the effective assistance of counsel in filing the appeal.

“When counsel does not provide effective assistance by failing to file a notice of appeal of an issue specifically reserved for appeal in the plea, a petitioner must be able to use a collateral attack to save the appeal from being lost due to counsel’s failure to do what he was requested,” she continued.

There are questions as to whether Dowell asked his attorney to appeal, so the District Court should resolve this on remand, the 7th Circuit held.



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  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

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  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

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