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Criminal Procedure — waiver

By: WISCONSIN LAW JOURNAL STAFF//July 18, 2014//

Criminal Procedure — waiver

By: WISCONSIN LAW JOURNAL STAFF//July 18, 2014//

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U.S. Court of Appeals for the 7th Circuit

Criminal

Criminal Procedure — waiver

Where a defendant waived his right to appeal, he cannot contend his attorney was ineffective at sentencing.

“Nothing we have said should be construed as implying that the district court in fact did err by classifying Smith as a career offender or that Smith’s counsel was ineffective in not objecting to the classification. The briefing suggests that the issue may not be as straightforward as Smith’s appellate counsel portrays it. Our point is that however clear a sentencing error the defendant believes the district court to have committed, or however obvious an error he believes his counsel committed in not objecting to the court’s sentencing decision, when the defendant has knowingly and voluntarily waived his right to appeal such errors, the obviousness of the error does not support overlooking the waiver.”

“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.”

Dismissed.

12-3350 U.S. v. Smith

Appeal from the United States District Court for the Northern District of Indiana, Van Bokkelen, J., Rovner, J.

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