Opinion
02 C 501441
June 7, 2002
ORDER
Harold Strang, a prisoner in federal custody pursuant to his conviction and sentence under 21 U.S.C. § 846, has filed a motion to vacate, set aside or correct sentence, 28 U.S.C. § 2255, contending he was denied effective assistance of counsel in various respects. He later filed a motion for a transcript stating he needed it to factually amend his original motion. The government has responded to the § 2255 motion but not the motion for transcripts as ordered. Both motions are doomed because Strang, as a part of his plea agreement, waived his right to seek further review of the conviction or sentence by direct appeal or collateral attack, except as to one issue reserved in his conditional guilty plea — appeal of an order denying his motion to suppress evidence. He did not appeal the suppression order or allege that he requested his counsel to file an appeal, nor has he contended in this motion that the plea agreement is involuntary (a transcript of the plea of guilty proceeding has been filed and shows no violation of Rule 11) or otherwise unenforceable or that he received ineffective assistance of counsel in connection with negotiation of the waiver. See Mason v. United States, 211 F.3d 1065 (7th Cir. 2000). The motion for § 2255 relief is denied. His motion for transcripts also is denied on the basis of his waiver in the plea agreement.