McCLEESE v. U.S.

No. 95-1312.

75 F.3d 1174 (1996)

Daryl O. McCLEESE, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 2, 1996.


Attorney(s) appearing for the Case

Mark Procida (argued), Detroit, MI, for Petitioner-Appellant.

Robert N. Trgovich (argued), Office of the United States Attorney, Fort Wayne, IN, for Respondent-Appellee.

Before CUMMINGS, MANION, and KANNE, Circuit Judges.


KANNE, Circuit Judge.

The defendant filed a motion under 28 U.S.C. § 2255 seeking to vacate his sentence on the grounds that he received constitutionally ineffective assistance of counsel and his guilty plea was not knowingly and intelligently made. The district court denied the motion because it found that by failing to raise his claims on direct appeal, the defendant had procedurally defaulted his right to raise it under § 2255. The question before us...

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