U.S. v. Smith

Defendant was barred from appealing his 168-month sentence on drug distribution charge, where defendant had agreed to appeal waiver clause in his plea agreement. Although defendant argued that appeal waiver clause should not apply because his counsel was ineffective by failing to challenge Dist. Ct.’s finding that he was career offender, and because said ineffectiveness was “patent,” clear language of appeal waiver clause covered instant ineffective assistance of counsel claim, regardless of whether counsel’s ineffectiveness might be characterized as patent, subtle or otherwise.