United States v. Griffin, No. 11-1573 (8th Cir. 2012)
Annotate this CaseDefendant appealed her conviction for conspiracy to distribute and possess with the intent to distribute heroin and conspiracy to launder money. Defendant appealed based upon alleged violations of the Speedy Trial Act, 18 U.S.C. 3161, and her constitutional right to speedy trial under the Sixth Amendment. Because defendant's written plea agreements contained a valid appeal waiver that foreclosed the appeal, the court dismissed the appeal. The court noted that requiring defendant to raise her ineffective assistance of counsel claims pursuant to a 28 U.S.C. 2255 proceeding would not result in a miscarriage of justice.
Court Description: Criminal Case - conviction. Appeal is dismissed because written plea agreement contains a valid appeal waiver and enforcing the appeal waiver will not result in a miscarriage of justice. Griffin may raise ineffective assistance of counsel claims in another section 2255 proceeding.
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