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- ilnd;;3:05-cv-50158_de2 RegisterActionDate "2005-08-26" @default.
- ilnd;;3:05-cv-50158_de2 RegisterActionDescriptionText "MINUTE entry before Judge Philip G. Reinhard : 09EB513 has filed a section 2255 motion raising several claims. 09EB513 expressly waived his right to file a section 2255 motion in his written plea agreement and acknowledged such at the Rule 11 hearing as well as admitting that his attorney discussed the waiver with him prior to his pleading guilty and that he was satisfied with his attorney's representation related to his guilty plea. A waiver of the right to seek relief pursuant to section 2255 in a written plea agreement is valid and enforceable absent a claim that the waiver was not voluntary or that counsel was ineffective in connection with the negotiation of the waiver itself. See Mason v. United States, 211 F.3d 1065, 1069 (7th Cir. 2000). Here, 09EB513 has not raised such an ineffectiveness or involuntariness claim, nor would it be efficacious in light of his admissions at the Rule 11 hearing. There being a valid waiver of the right to bring a section 2255 motion, the court dismisses the section 2255 motion for lack of jurisdiction. judge's staff mailed notice (jat, ) (Entered: 08/30/2005)" @default.
- ilnd;;3:05-cv-50158_de2 AdministrativeID "3" @default.