Solano v. U.S.

Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
No. 15-1290
Decision Date: 
February 5, 2016
Federal District: 
N.D. Ind., S. Bend Div.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing defendant’s habeas petition seeking to vacate his 168-month sentence on drug conspiracy and drug distribution charges, following entry of defendant’s guilty plea to said charges, where defendant argued that his counsel was ineffective for, among other things, failing to file direct appeal. Instant plea agreement contained waiver of any right to appeal defendant’s conviction or sentence, and under Nunez, 546 F.3d 450, 6th Amendment does not require attorney to disregard instant waiver by complying with defendant’s request to file appeal. Moreover, defendant failed to assert that his plea agreement or his appeal waiver was involuntary or unknowing.