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Ineffective Assistance of Counsel

By: Derek Hawkins//February 8, 2016//

Ineffective Assistance of Counsel

By: Derek Hawkins//February 8, 2016//

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7th Circuit Court of Appeals

Case Name: Erik Solano v. United States of America

Case No.:15-1290

Officials: EASTERBROOK and HAMILTON, Circuit Judges, and PALLMEYER, District Judge

Focus: Ineffective Assistance of Counsel

Counsel’s failure to file an appeal upon appellant request after appellant waived right as part of plea does not equate to ineffective assistance

“But the exceptions are not available here. Solano does not assert that this plea agreement or his appeal waiver was in‐ voluntary or unknowing. Indeed, Solano told both the magistrate judge and district court that the plea agreement was knowing and voluntary and that he understood the implications of the appeal waiver. Nor are there any ambiguities or limitations in the waiver that would provide Solano with a right to appeal his conviction or sentence on any ground. Solano waived his right to appeal his conviction and sentence to any court on any ground, including any claim of in‐ effective assistance of counsel. He also agreed not to contest his conviction or sentence based on alleged ineffective assistance of counsel under 28 U.S.C. § 2255. Nor has Solano suggested that the district court relied on impermissible factors in his sentence or imposed a sentence that exceeds the statutory cap.”

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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