In re: Sealed Case

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A generic appeal waiver does not affect a defendant's ability to appeal his sentence on yet-to-arise ineffective-assistance-of-counsel grounds. The DC Circuit held that the appeal waiver did not preclude defendant from appealing on the ground that he received ineffective assistance of counsel in his sentencing proceeding. In this case, defendant executed a generic appeal waiver, with no explicit waiver of his right to appeal on ineffective-assistance-of-counsel grounds. The court held that it could not resolve the ultimate merits of defendant's claims and remanded to the district court for further proceedings. View "In re: Sealed Case" on Justia Law