U.S. v. MUHAMMUD

No. 10-3138.

701 F.3d 109 (2012)

UNITED STATES of America v. Abdul Kariem MUHAMMUD, a/k/a Gerald Rogers Abdul Kariem Muhammud, Appellant.

United States Court of Appeals, Third Circuit.

Opinion Filed: September 28, 2012.


Attorney(s) appearing for the Case

Annette Verdesco, Esq. , Anthony Pope Law Firm, Newark, NJ, for Appellant.

Mary E. Crawley, Esq. , Anita D. Eve, Esq. , Catherine Votaw, Esq. , Office of United States Attorney, Philadelphia, PA, for Appellee.

Before: SCIRICA, ROTH and BARRY, Circuit Judges.


OPINION OF THE COURT

BARRY, Circuit Judge.

Abdul Kariem Muhammud pleaded guilty pursuant to a written plea agreement in which he waived his right to appeal or collaterally attack the judgment of conviction. Nevertheless, more than two years after he was sentenced, Muhammud filed a notice of appeal. The government, mistakenly believing that he was appealing the denial of his § 2255 petition, moved to enforce the waiver but failed to assert the untimeliness...

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