United States v. Abdul Muhammud
Court of Appeals for the Third Circuit
1Opinion of the Court
OPINION OF THE COURT
BARRY, Circuit Judge.
Abdul Kariem Muhammud pleaded guilty pursuant to a written plea agreement in which he waived his right to appeal or collaterally attack the judgment of conviction. Nevertheless, more than two years after he was sentenced, Muhammud filed a notice of appeal. The government, mistakenly believing that he was appealing the denial of his § 2255 petition, moved to enforce the waiver but failed to assert the untimeliness of what was an appeal from the judgment of conviction. We are presented with the following questions: (1) whether the government can…
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