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Monday, February 13, 2017

Ind. Decisions - 7th Circuit decides one Indiana case today, a prisoner appeal

In Willie Long v. USA (ND Ind., Miller), a 13-page opinion, Judge Kanne writes:

Willie Long pled guilty to being a felon in possession of a firearm. Thereafter, Long sought col‐ lateral relief, arguing that his trial attorney provided ineffec‐ tive assistance of counsel. Unfortunately for Long, his plea agreement contained a provision waiving his right to collat‐ erally attack his conviction and sentence. For that reason, the district court summarily denied his claim.

On appeal, Long argues that the district court erred in denying his claim without an evidentiary hearing. Long cor‐ rectly notes that we will allow a petitioner to circumvent a collateral‐attack waiver if he can prove that his counsel was ineffective in negotiating the plea agreement containing that waiver. Nevertheless, because Long has failed to allege any facts that, if proven true, would entitle him to relief, he is not entitled to an evidentiary hearing. We affirm.  

Posted by Marcia Oddi on February 13, 2017 04:29 PM
Posted to Ind. (7th Cir.) Decisions