United States v. Shaw

I concur, but write separately to express my belief that Shaw would not be entitled to an evidentiary hearing even if he had alleged in his district court filings that he specifically requested his counsel file a notice of appeal. First, Shaw cannot succeed on his ineffective assistance of counsel claim under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), because none of the grounds on which he seeks to appeal survive his appeal waiver. Second, even if we found counsel’s performance to be deficient and presumed prejudice under Roe v. Flores-Ortega, 528 U.S.…