Opinion
02 C 50141
July 29, 2002
MEMORANDUM OPINION AND ORDER
Harold Strang, petitioner, in this motion under 28 U.S.C. § 2255 has filed a notice of appeal and application for a certification of appealability from the June 7, 2002 order denying his § 2255 motion. Following a review of the June 7 order and petitioner's memorandum, the court agrees with petitioner that the plea agreement did not completely waive his right to file a § 2255 motion but only his right to challenge his sentence or the manner in which it was determined. See Bridgeman v. United States, 229 F.3d 589 (7th Cir. 2001). As petitioner raised issues unrelated to his sentence or sentencing hearing, it was error for the court to deny the appeal on the sole basis of the waiver in the plea agreement. The court suggests petitioner withdraw the notice of appeal so that it will have jurisdiction to vacate the June 7, 2002 order and will consider the § 2255 motion on the issues raised therein. The court allows petitioner 21 days to file a motion in the Court of Appeals to withdraw his appeal in conformance with this order.