Brian J. Tress v. United States

POSNER, Chief Judge.

Brian Tress pleaded guilty to federal firearm violations. At his plea hearing, the judge told him that by pleading guilty he would be waiving his right to appeal his conviction but that “under some circumstances, you and/or the government would have the right to appeal any sentence that I impose.” The judge did not explain what those circumstances might be. And at Tress’s sentencing hearing, the judge, in violation of Fed.R.Crim.P. 32(a)(2) (now (c)(5)), failed to advise Tress of his right to appeal his sentence. Tress did not appeal, but later he filed a motion under 28…