668 F.3d 987
8th Cir.2012Background
- Griffin convicted in E.D. Missouri of conspiracy to distribute heroin and to launder money; plea agreement included a broad waiver of appellate rights and a specific waiver on Speedy Trial Act issues.
- Griffin previously faced an indictment in E.D. Missouri and a dismissal without prejudice for Speedy Trial Act violations; a prior appeal was dismissed for lack of final judgment.
- Griffin was reindicted in 2007 for the same offenses; she moved to dismiss the 2004 indictment on Speedy Trial Act grounds; district court denied.
- Griffin pleaded guilty on July 9, 2008 under a plea agreement that waived non-jurisdictional appeals and permitted a sentence within Guidelines range; district court accepted the plea and imposed a 151-month sentence.
- Griffin did not appeal; later §2255 petition alleged ineffective assistance of counsel for failure to file a notice of appeal and related issues; district court granted relief on failure to file an appeal and resentenced; Griffin then appealed the Speedy Trial Act issue within the waiver scope.
- The court dismisses Griffin’s appeal as barred by the valid appellate waiver and finds no miscarriage of justice to toll the waiver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal waiver forecloses Griffin’s Speedy Trial Act challenge. | Griffin argues waiver does not bar this claim. | The waiver covers non-jurisdictional issues, including Speedy Trial Act concerns. | Waiver forecloses the appeal. |
| Whether the waiver was knowingly and voluntarily entered. | Griffin disputes the voluntariness of the waiver. | District court properly questioned Griffin to ensure voluntariness. | Waiver knowingly and voluntarily entered. |
| Whether the appeal falls within the scope of the waiver and exceptions to enforcement apply. | Griffin argues an exception should apply for miscarriage of justice. | Appeal falls within waiver; no miscarriage of justice. | Appeal within waiver; no miscarriage of justice. |
| Whether the §2255 ineffective‑assistance claims can be raised in a successive petition after partial relief. | Griffin should be permitted to raise all IAC claims. | IAC claims must be raised in a subsequent §2255 proceeding; not barred here. | No pending §2255 claim; not a miscarriage to require new petition. |
Key Cases Cited
- United States v. Andis, 333 F.3d 886 (8th Cir. 2003) (establishes enforceability and limits of waivers in guilty pleas; need knowing voluntariness)
- United States v. Lee, 500 F.2d 586 (8th Cir. 1974) (plea waives speedy-trial defenses)
- Taylor v. United States, 204 F.3d 828 (8th Cir. 2000) (per curiam; waiver of speedy-trial rights in guilty plea)
- Speed v. United States, 518 F.2d 75 (8th Cir. 1975) (well settled that guilty plea waives speedy-trial denial claims)