Hurlow v. U.S.

Dist. Ct. erred in denying defendant’s habeas petition, after finding that appeal waiver contained in defendant’s guilty plea precluded defendant from filing habeas petition that alleged that his trial counsel was ineffective for failing to investigate circumstances surrounding search of defendant’s home. Waiver in defendant’s plea agreement did not bar him from filing habeas petition alleging ineffective assistance of counsel in negotiating plea agreement, and that defendant was entitled to evidentiary hearing on matter, where defendant alleged that trial counsel was ineffective for failing to advise him of potentially meritorious 4th Amendment claim before he entered into plea agreement. Ct. rejected govt. argument that appellate waiver in plea agreement is unenforceable only when trial counsel is ineffective in negotiating specific waiver provision.