United States Third Circuit

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US v. Mabry, 06-2867

Denial of an inmate's habeas corpus petition is affirmed where: 1) defendant knowingly and voluntarily waived his right to both direct and collateral appeals in his plea agreement; 2) counsel's failure to file an appeal upon defendant's request did not give rise to a presumption that the waiver worked a "miscarriage of justice"; and 3) on the facts presented, no miscarriage of justice resulted from the waiver.

Appellate Information

  • Argued 03/27/2008
  • Decided 07/28/2008
  • Published 07/28/2008

Judges

  • Before:  McKEE, RENDELL and TASHIMA, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • David R. Fine, Esq. Andrew L. Swope, Esq. [Argued], Kirkpatrick & Lockhart Preston Gates Ellis, Harrisburg, PA, for Appellant.

  • For Appellees:
  • John J. McCann, Esq., Office of United States Attorney, Williamsport, PA, Theodore B. Smith, III, Esq. [Argued], Office of United States Attorney, Harrisburg, PA, for Appellee.
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