United States v. Mabry

OPINION OF THE COURT

RENDELL, Circuit Judge.

James Mabry appeals from the District Court’s denial of his habeas petition in which he claimed that his counsel was ineffective for failing to file an appeal. The District Court held that Mabry’s claim was barred by the waiver in his plea agreement of his right to file a collateral attack. While the issue before us — which, we believe, involves the enforceability of the waiver — may seem straightforward, there is a body of caselaw in the courts of appeals — which, curiously, focuses not on the waiver but on the importance of the right to appeal —…