U.S. v. Wampler

Ct. of Appeals dismissed defendant’s appeal challenging his below-guidelines, 151-month term of incarceration on drug conspiracy charge based on waiver of appeal contained in plea agreement. While defendant argued that presentence report incorrectly labeled him as career offender, and that trial counsel was ineffective, any challenge to defendant’s guilty plea would be frivolous given defendant’s responses during plea colloquy. Moreover, Ct. deferred any ruling on defendant’s ineffective assistance of counsel claim, after noting that it should be raised in collateral proceeding.