FREDERICK v. WARDEN, LEWISBURG CORRECTIONAL

No. 00-2544.

308 F.3d 192 (2002)

Junior FREDERICK, Petitioner-Appellant, v. WARDEN, LEWISBURG CORRECTIONAL FACILITY, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 18, 2002.


Attorney(s) appearing for the Case

Sally Wasserman, Law Office of Sally Wasserman, New York, New York, for Petitioner-Appellant.

Barbara D. Cottrell, Assistant United States Attorney, Northern District of New York (Joseph A. Pavone, United States Attorney; Miroslav Lovric, Assistant United States Attorney; Thomas P. Walsh, Assistant United States Attorney, of counsel), Albany, New York, for Respondent-Appellee.

Before CARDAMONE, WINTER, and SACK, Circuit Judges.


WINTER, Circuit Judge.

Junior Frederick appeals from Judge McAvoy's denial of his habeas corpus petition under 28 U.S.C. § 2255. The petition challenged his plea-based conviction on the ground of ineffective assistance of counsel with regard to a motion to withdraw the guilty plea, the sentencing, and the appeal. We reach the merits of appellant's petition notwithstanding appellant's general waiver of the right to collaterally attack his conviction. We do so...

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