United States Third Circuit

Denial of a petition for habeas corpus challenging a conviction and sentence for being a felon in possession of a firearm is affirmed where: 1) despite a plea agreement containing an appellate and collateral review waiver, there was jurisdiction over the appeal; 2) a claim that petitioner's counsel was ineffective for failing to advise him as to sentencing matters is rejected; and 3) although he demonstrated that trial counsel was ineffective for failing to afford him his appeal rights and denial of that claim is reversed. Nonetheless, on the merits, his sentence is affirmed over claims of error as to an upward departure.

Appellate Information

• Argued 06/01/2006
• Decided 02/28/2007
• Published 02/28/2007

Judges

• Before:  AMBRO, FUENTES, and GREENBERG, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Peter A. Levin, Esquire (Argued), Philadelphia, PA, for Appellant.


• For Appellees:
  
• Patrick L. Meehan, United States Attorney, Robert A. Zauzmer, Assistant United States Attorney, Chief of Appeals, Thomas P. Hogan, Jr. (Argued), Assistant United States Attorney, Office of United States Attorney, Philadelphia, PA, for Appellee.