On Appeal from the United States District Court for the Middle District of Pennsylvania (D.C. Crim. No. 02-cr-00295-5) District Judge: Hon. Christopher C. Conner.
The opinion of the court was delivered by: Sloviter, Circuit Judge.
Before: SLOVITER and FISHER, Circuit Judges, and THOMPSON*fn1 , District Judge.
Vincent Ellis Wilson pled guilty to a felony information charging two counts of using a communication facility to facilitate drug trafficking in violation of 21 U.S.C. § 843(b). The District Court sentenced Wilson to 34 months' imprisonment for each count, sentences to run consecutively. Wilson appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a).
On August 4, 2004, a grand jury returned a superceding indictment charging Wilson with criminal conspiracy to distribute and possess with intent to distribute fifty grams or more of crack cocaine and five kilograms or more of hydrochloride in violation of 21 U.S.C. § 846 and 21 U.S.C. § 841. The indictment also charged Wilson and his two co-defendants, Stephen Smith and Kelvin Smith, with traveling interstate or causing others to travel interstate to facilitate drug trafficking in violation of 18 U.S.C. § 1952.
At the time of his indictment, Wilson was serving a state sentence at Brockridge Correctional Center in Maryland. He was brought to Pennsylvania pursuant to a writ of habeas corpus ad prosequendum issued by the District Court. At his arraignment for the federal offense, Wilson pled not guilty and was appointed counsel. Subsequently, Wilson was transported between Maryland and Pennsylvania to attend proceedings in the federal matter pending in Pennsylvania pursuant to additional writs of habeas corpus ad prosequendum.
Wilson, believing that his rights under the Interstate Agreement on Detainers ("IAD") had been violated, repeatedly requested that his appointed counsel pursue this issue.*fn2 He complained that counsel did not respond to his arguments. In response, the District Court appointed new counsel, but Wilson alleges that this newly-appointed counsel also failed to pursue his IAD claim. Following motions filed by that counsel and by Wilson, the District Court once again appointed new counsel.
On October 6, 2004, Wilson and his co-defendants pled guilty pursuant to the terms of a plea agreement with the government. Wilson waived indictment and pled guilty to a felony information charging him with two counts of using a communication facility to facilitate drug trafficking in violation of 21 U.S.C. § 843(b). The plea agreement was conditioned on acceptance by all three defendants and included a waiver of all rights to appeal. The agreement provided:
[T]he defendant knowingly waives the right to appeal any conviction and sentence, including a sentence imposed within the statutory maximum, on any and all grounds set forth in Title 18, United States Code, Section 3742 or any other grounds, constitutional or non-constitutional, including the manner in which that sentence was determined in light of Blakely v. Washington, 2004 WL 1402697 (June 24, 2004). The defendant also waives the defendant's right to challenge any conviction or sentence or the manner in which the sentence was determined in any collateral proceeding, including but not limited to a motion brought under Title 28, United States Code, Section 2255.
App. at 45a. Three weeks after Wilson's guilty plea was accepted, he filed a motion to withdraw his guilty plea. The District Court denied that motion.
The District Court sentenced Wilson to thirty-four months' imprisonment on each count of conviction, sentences to run consecutively, two years of supervised ...