Solano v. United States, No. 15-1290 (7th Cir. 2016)
Annotate this CaseIn 2011, Solano was indicted on two counts of distributing cocaine and one count of conspiring to obtain and distribute marijuana, 21 U.S.C. 841. Solano pleaded guilty; the government agreed to dismiss one of the cocaine counts and recommend a reduction of the sentencing guideline range to reflect acceptance of responsibility. Solano’s written plea agreement included a waiver of Solano’s right to appeal his conviction, sentence, or any restitution order on any ground, including any claim of ineffective assistance of counsel. At the hearing, the judge explained the rights that Solano was giving up and reviewed particular provisions contained in the plea agreement, including Solano’s appeal waiver, and found that Solano had knowingly waived his rights and that his plea was voluntary. The Seventh Circuit affirmed dismissal of his motion (28 U.S.C. 2255) based on trial counsel’s failure to file an appeal at his request, which, he claimed, constituted ineffective assistance. While the district court found the petition untimely, the Seventh Circuit stated that 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.
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