United States v. Floyd, No. 18-2178 (8th Cir. 2019)
Annotate this CaseThe Eighth Circuit dismissed defendant's appeal of the district court's denial of his request for de novo resentencing. In this case, defendant pleaded guilty to one count of possession of methamphetamine with intent to distribute. Paragraph 7 of the plea agreement contained an appeal waiver. The court held that defendant's claim that trial counsel provided ineffective assistance by failing to file a notice of appeal fell squarely within the terms of his knowing and voluntary 28 U.S.C. 2255 appeal waiver.
Court Description: Loken, Author, with Wollman and Stras, Circuit Judges] Criminal case - Criminal law. Where defendant alleged his trial counsel had failed to file an appeal, and the district court granted Section 2255 relief and vacated and reimposed the sentence to permit an appeal, enforcement of the Section 2255 appeal waiver in the initial plea would not result in a miscarriage of justice, and the appeal is dismissed.
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