United States v. Rahman, No. 10-10293 (9th Cir. 2011)
Annotate this CaseDefendant pled guilty to aggravated identity theft and to committing fraudulent transactions with access devices. In a written plea agreement, defendant waived "his right to appeal any aspect of his convictions." At issue was whether defendant's waiver of his right to appeal his conviction extended to the denial of his subsequent motion to withdraw his guilty plea. The court held that defendant's appellate waiver extended to this appeal. The court held, however, that it could not conclude that defendant's waiver was made involuntarily. The court further held that it would "not remand a case from direct appeal for fact-finding related to an ineffective assistance of counsel claim, but allow[ed] a defendant to pursue the issue in district court collateral proceedings." Therefore, the court left open the possibility that defendant might raise an ineffective assistance of counsel claim in a subsequent collateral attack. Accordingly, the court dismissed the judgment of the district court.
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