Eleventh Circuit Court of Appeals - Published Opinions

Wednesday, January 26, 2005

2255 claim can be waived in plea colloquy

In Williams v. U.S., No. 04-11704 (Jan. 24, 2005), the Court held that a defendant whose plea agremeent provided for a waiver of his right to challenge his sentence "directly or collaterally" had waived his right to seek § 2255 relief by alleging ineffective assistance of counsel at sentencing. The Court pointed out that the district court specifically questioned Williams during the plea colloquy about the appeal waiver. In these circumstances, Williams knowingly waived his right to challenge his sentence under § 2255, and accordingly § 2255 relief was properly denied by the district court.