Background
Kelvin Bolton appealed his convictions and sentence for conspiracy to possess cocaine with intent to distribute, possession of a firearm by a convicted felon, and conspiracy to launder money. After filing his notice of appeal, Bolton moved the District Court under Section twenty-eight United States Code Section two thousand two hundred fifty-five to vacate his sentence, alleging ineffective assistance of counsel for failing to appeal as requested. The District Court dismissed the motion as premature because the appeal was pending. Through appointed counsel, Bolton conceded his appeal was untimely but argued claims should be presented in a habeas petition. The government declined to move to dismiss the appeal, allowing it to proceed, but Bolton raised no challenges on appeal.
The court’s reasoning
The court observed that while Bolton was permitted to appeal despite the timeliness issue because the government did not move to dismiss, he failed to raise any challenges to his convictions or sentence. By not raising any claims, Bolton abandoned any claim of reversible error. Consequently, the court affirmed the convictions and sentence.
What it means going forward
Bolton’s convictions and sentence stand, but he retains the right to file a new Section twenty-two hundred fifty-five motion in the District Court once the mandate issues.