What is the effect of a failure to file an appeal against a conviction for sexual assault?
MultiRegion, United States of America
The following excerpt is from United States v. Salas-Rodriguez, Civil Case No. 15-CV-1623-WQH, Criminal Case No. 12-CR-1244-WQH (S.D. Cal. 2016):
bearing on the "voluntary and intelligent character of the guilty plea." Signori, 844 F.2d at 638. In addition, Defendant can not establish any prejudice resulting from a failure to file an appeal because Defendant waived his right to appeal or to collaterally attack his conviction and sentence. See United States v. Thomas, 417 F.3d 1053, 1056 (9th Cir. 2005) ("Both deficient performance and prejudice are required. . ." ).
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