United States Fourth Circuit

In a 28 U.S.C.A. section 2255 proceeding arising from a conviction and sentence for conspiracy to distribute and possess with the intent to distribute heroin, the circuit court rules that defendant may not avoid the consequences of his knowing and voluntary appeal waiver and the circuit court's prior judgment enforcing the appeal waiver by reraising his Booker claim on collateral review.

Appellate Information

• Decided 01/12/2009
• Published 01/12/2009

Judges

• Before WILLIAMS, Chief Judge, and TRAXLER and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Victor Andrew Rortvedt, Justin Sanjeeve Antonipillai, Arnold & Porter, L.L.P., Washington, D.C., for Appellant.  Richard Daniel Cooke, Office of the United States Attorney, Richmond, Virginia, for Appellee.   ON BRIEF:  Chuck Rosenberg, United States Attorney, Alexandria, Virginia;  Darryl J. Mitchell, Assistant United States Attorney, Office of the United States Attorney, Norfolk, Virginia, for Appellee.