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Thursday, July 17, 2014
Ind. Decisions - 7th Circuit decides one Indiana case today
In U.S. v. Smith (ND Ind., Van Bokkelen), an 11-page opinion, Judge Rovner writes:
Garrett Smith pleaded guilty to a charge that he possessed with the intent to distribute 500 grams or more of cocaine, in violation of 21 U.S.C. § 841(a)(1), and the district court ordered him to serve a prison term of 168 months. Despite having expressly waived his right to appeal the sentence in his written plea agreement, Smith nonetheless has appealed, contending that he was deprived of the effective assistance of counsel when his counsel failed to challenge the district court’s finding that he was a career offender. Smith urges us to overlook the waiver on the ground that his attorney’s alleged ineffectiveness at sentencing was “patent.” We enforce the appellate waiver and dismiss the appeal. * * * ,p> Smith knowingly and voluntarily waived his appellate rights, including his right on appeal to contend that his counsel below was ineffective as to any matter other than the waiver and his negotiation of it. He is, consequently, barred from pursuing the instant appeal. The appeal is therefore DISMISSED.
Posted by Marcia Oddi on July 17, 2014 05:35 PM
Posted to Ind. (7th Cir.) Decisions