US v. Michael Speed


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to appoint/assign counsel [999930438-2], [999958808-2]; denying Motion for temporary administrative stay [999930438-3] Originating case number: 1:10-cr-00700-JFM-1,1:16-cv-02421-JFM Copies to all parties and the district court/agency. [1000015682]. Mailed to: Michael Speed. [16-7127]

Download PDF
Appeal: 16-7127 Doc: 14 Filed: 02/02/2017 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 16-7127 UNITED STATES OF AMERICA, Plaintiff - Appellee, v. MICHAEL SPEED, Defendant - Appellant. Appeal from the United States District Court for the District of Maryland, at Baltimore. J. Frederick Motz, Senior District Judge. (1:10-cr-00700-JFM-1; 1:16-cv-02421-JFM) Submitted: January 19, 2017 Decided: February 2, 2017 Before NIEMEYER, KING, and KEENAN, Circuit Judges. Affirmed as modified by unpublished per curiam opinion. Michael Speed, Appellant Pro Se. Benjamin M. Block, OFFICE OF THE UNITED STATES ATTORNEY, Baltimore, Maryland, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 16-7127 Doc: 14 Filed: 02/02/2017 Pg: 2 of 3 PER CURIAM: Michael Speed appeals the district adjudicating his 28 U.S.C. § 2255 (2012) motion. court’s order In the order, the district court granted relief, in part, by directing vacatur and reentry of Speed’s criminal judgment so as to afford Speed an opportunity to file a criminal appeal, but denied Speed’s remaining habeas claims on their merits. The district court issued a certificate of appealability. The district court did not err in reentering criminal judgment to begin his appellate period anew. Speed’s Because Speed’s remaining habeas claims could, at least arguably, be raised in Speed’s criminal appeal or a habeas motion, however, the district court should not have disposed of the remaining claims with prejudice. Cf. In re Goddard, 170 F.3d 435, 437 (4th Cir. 1999) (holding that when a prisoner has wrongly been denied his right to a direct appeal, he should not be forced to raise all possible claims against his criminal judgment in his first § 2255 motion and thereby “make the substantive objections to his conviction and sentence that his lawyer would have made for him on direct appeal”). Thus, although we affirm the district court’s order, we modify the dismissal of Speed’s remaining habeas claims to be without prejudice. We also deny Speed’s motions for appointment of counsel and for a stay of proceedings. 2 We dispense with oral Appeal: 16-7127 Doc: 14 Filed: 02/02/2017 Pg: 3 of 3 argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED AS MODIFIED 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?