Muse v. Daniels

Dist. Ct. did not err in denying defendant’s section 2241 petition that challenged his piracy conviction on grounds that Magistrate Judge lacked authority to determine whether he was adult at time of charged offense, and that his counsel was ineffective for failing to pursue said issue. Basis of denial was fact that defendant had waived said issue in language contained in his plea agreement that precluded him from seeking to withdraw his guilty plea or to file any kind of collateral attack challenging his conviction based on his age at time of charged offense. Ct. further found that instant waiver applied to section 2241 petitions.