01-4263 Galbraith v. U.S.

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“Galbraith claims that his trial counsel failed to make clear to him that his unconditional plea waived for all time his power to challenge the denial of his motion to suppress. Galbraith claims that he pleaded guilty simply to expedite matters, to avoid a trial and to get appellate review of what he believed was a clearly dispositive issue (the constitutionality of the search). Galbraith argues that the failure of his counsel to effectively advise him resulted in a guilty plea into which he otherwise would never have entered. However, Galbraith provided the district court with no evidence whatsoever to support his allegations of counsel’s deficient performance, save his naked assertions. Even if we were to decide that failure to inform a client that there were no exceptions to his guilty plea’s waiver of an appeal was constitutionally deficient lawyering, Galbraith presents no scintilla of evidence of the alleged omission of his lawyer.”

Affirmed.

Appeal from the United States District Court for the Southern District of Illinois, Gilbert, J., Cudahy, J.