Solano v. United States

PALLMEYER, District Judge.

Erik Solano appeals from an order of the district judge dismissing his 28 U.S.C. § 2255 motion to vacate his sentence. Solano, who waived the right to appeal from his sentence, nevertheless asserts that trial counsel’s failure to file an appeal at his request constitutes ineffective assistance in violation of the Sixth Amendment. The district court dismissed his petition as untimely, but we are free to affirm on any ground presented in the record. United States v. Flores-Sandoval, 94 F.3d 346, 349 (7th Cir.1996) (citing United States v. Mustread, 42 F.3d 1097, 1104…