USA v. Jackson

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:25-cr-00001-KDB-DCK
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
vs. ) MEMORANDUM OF
) DECISION AND ORDER
)
ANTOINE DEPRAY JACKSON, )
)
Defendant. )
____________________________________)
THIS MATTER is before the Court on Defendant’s Motion Under 28 U.S.C. § 2255 to
Vacate, Set Aside or Correct Sentence. [Doc. 33].
I. BACKGROUND
On February 7, 2025, Defendant Antoine Depray Jackson (“Defendant”) pled guilty to one
count of possession with intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1) and
(b)(1)(C) and one count of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1).
[Doc. 1: Bill of Information, Doc. 11: Amended Plea Agreement, Doc. 14: Acceptance and Entry
of Guilty Plea]. In the plea agreement, Defendant agreed to waive his right to appeal his conviction
or sentence except for claims of ineffective assistance of counsel or prosecutorial misconduct.
[Doc. 11 at ¶ 16]. On August 15, 2025, Defendant was sentenced to a total term of imprisonment
of 144 months. [Doc. 30: Judgment]. Defendant did not file a direct appeal.
On December 17, 2025, Defendant filed the present motion to vacate claiming that his
counsel was ineffective because he failed to file a notice of appeal despite Defendant’s explicit
request at the conclusion of the sentencing hearing that counsel do so. [Doc. 33-2 at ¶¶ 6-7:
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Jackson Aff.]. Defendant asserts that he learned of this alleged failure after reviewing a copy of
the docket sheet he requested from his attorney. [Id. at ¶¶ 9-11]. For relief, Defendant seeks an
evidentiary hearing or, alternatively, an “out-of-time” appeal. [Doc. 33 at 12].
The Government has responded to Defendant’s motion. [Doc. 38]. The Government
concedes that Defendant’s attorney has no specific recollection of the facts alleged in Defendant’s
motion and that the Government, therefore, has no basis to dispute it. [Id. at 6-7]. The Government
also concedes that the Court may accept the allegations as true without holding an evidentiary
hearing and grant the requested relief. [Id. at 7]. The Government requests that the Court vacate
Defendant’s judgment and enter a new, though otherwise identical, judgment so that Defendant
may file a direct appeal. [Id.].
II. STANDARD OF REVIEW
Pursuant to Rule 4(b) of the Rules Governing Section 2255 Proceedings, sentencing courts
are directed to promptly examine motions to vacate, along with “any attached exhibits and the
record of prior proceedings” in order to determine whether a petitioner is entitled to any relief.
The Court has considered the record in this matter and applicable authority and concludes that this
matter can be resolved without an evidentiary hearing. See Raines v. United States, 423 F.2d 526,
529 (4th Cir. 1970).
III. DISCUSSION
It is well-settled that when a defendant clearly instructs his attorney to file a notice of appeal
from a criminal judgment, the failure to file the notice of appeal constitutes per se ineffective
assistance of counsel. That is, the defendant is presumed to have suffered prejudice no matter the
potential merits of his claims for relief or whether he has waived his appellate rights, as Defendant
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has done through his written plea agreement in this case. See Evitts v. Lucey, 469 U.S. 387, 391-
405 (1985); United States v. Poindexter, 492 F.3d 263, 269 (4th Cir. 2007).
Here, Defendant asserts in sworn testimony that his attorney failed to file a direct appeal
after being instructed to do so and thereby abandoned the appeal. The Government concedes
having no factual basis with which to dispute Defendant’s claim and asks the Court to enter an
amended judgment so that Defendant can file a direct appeal of his conviction and sentence. See
United States v. Mongold, 259 Fed. App’x 539, 540-41 (4th Cir. 2007) (unpublished decision).
The Court, therefore, concludes that the appropriate remedy in this matter is to grant
Defendant’s motion, vacate the original judgment, and enter a new judgment only for the purpose
of allowing Defendant to pursue a direct appeal of his conviction and/or sentence in his underlying
criminal case.
ORDER
IT IS, THEREFORE, ORDERED as follows:
1. The Defendant’s Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. §
2255 [Doc. 33] is GRANTED.
2. The Judgment [Doc. 30] is VACATED and the Clerk of Court is instructed to prepare
an Amended Judgment with the same terms and conditions as the original Judgment.
3. The Defendant shall have fourteen (14) days from the entry of the Amended Judgment
to file a Notice of Appeal with the United States District Court for the Western District
of North Carolina.
The Clerk is directed to provide copies of this Order to the Defendant and counsel for the
Government.
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IT IS SO ORDERED.
Signed: April 9, 2026
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