United States Second Circuit

A waiver of collateral attack rights in a plea agreement did not preclude consideration of a habeas petition attacking the plea agreement itself, but an ineffective assistance claim fails where petitioner received requisite notice of conspiracy charge elements through other means after the court's alleged Rule 11(c) violation.

Appellate Information

• Argued 10/22/2001
• Decided 10/18/2002
• Published 10/18/2002

Judges

• WINTER, Circuit Judge., Before CARDAMONE, WINTER, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Sally Wasserman,Law Office of Sally Wasserman, New York, New York, for Petitioner-Appellant.


• For Appellees:
  
• Barbara D. Cottrell, Assistant United States Attorney, Northern District of New York (Joseph A. Pavone, United States Attorney;  Miroslav Lovric, Assistant United States Attorney;  Thomas P. Walsh, Assistant United States Attorney, of counsel), Albany, New York, for Respondent-Appellee.