Monday, February 08, 2016
Ind. Decisions - 7th Circuit decided one Indiana case on Feb. 5
In Erik Solano v. USA (ND Ind., DeGuilio), an 8-page opinion, District Judge Pallmeyer (Northern District of Illinois, sitting by designation) writes:
Erik Solano appeals from an order of the district judge dismissing his 28 U.S.C. § 2255 motion to vacate his sentence. Solano, who waived the right to appeal from his sentence, nevertheless asserts that trial counsel’s failure to file an appeal at his request constitutes ineffective assistance in violation of the Sixth Amendment. The district court dismissed his petition as untimely, but we are free to affirm on any ground presented in the record. United States v. Flores‐Sandoval, 94 F.3d 346, 349 (7th Cir. 1996) (citing United States v. Mustread, 42 F.3d 1097, 1104 (7th Cir. 1994)). As the government argued below, the Sixth Amendment does not require an attorney to accede to a defendant’s request to file an appeal where the defendant has knowingly and voluntarily waived that right as part of a valid plea agreement. Accordingly, we affirm the dismissal of Solano’s § 2255 petition.
Posted by Marcia Oddi on February 8, 2016 10:31 AM
Posted to Ind. (7th Cir.) Decisions