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DOWELL v. U.S.

No. 10-2912.

694 F.3d 898 (2012)

Fred E. DOWELL, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided September 17, 2012.

Attorney(s) appearing for the Case

Gretchen E. Helfrich (argued), Attorney, Mayer Brown LLP, Chicago, IL, for Petitioner-Appellant.

Gerald A. Coraz (argued), Attorney, Office of the United States Attorney, Indianapolis, IN, for Respondent-Appellee.

Before KANNE and WILLIAMS, Circuit Judges, DeGUILIO, District Judge.

WILLIAMS, Circuit Judge.

Fred Dowell signed a plea agreement that specifically reserved his right to appeal "career offender" designation if the district court found him to be one at sentencing. After the court made this designation, Dowell claims that he then directed his attorney to file a notice of appeal to contest whether he was a career offender. However, his counsel did not file the notice of appeal. So Dowell filed a 28 U.S.C. § 2255 motion asserting...

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