Case Explained: FinalOpinion in case# 23-3198

Court: United States Court of Appeals for the Seventh Circuit Filed: 2026-08-07 The seventh-circuit affirmed the denial of Terry Ferguson’s motion under 28 U.S.C. § 2255 to vacate his sentence based on an alleged conflict of interest with his counsel, and dismissed his appeal challenging the denial of motions to dismiss the indictment for selective or vindictive prosecution as waived by his plea agreement. Regarding the ineffective assistance claim, the court applied the standard requiring a defendant to show an actual conflict of interest that adversely affected counsel’s performance. The court held that no such conflict existed because there was no evidence that an investigation into the attorney was ongoing at the time of Ferguson’s 2023 plea and sentencing, nor did Ferguson demonstrate a reasonable likelihood that his lawyer would have acted differently had no conflict existed. Specifically, the court found Ferguson’s speculation regarding a potential cooperation deal insufficient to establish an adverse effect, as he had previously declined to cooperate, and his attorney reasonably believed no investigation was underway. Regarding the prosecution claims, the court applied the standard for enforcing appellate waivers in plea agreements, reviewing whether the waiver was knowing and voluntary and within its scope. The court found the waiver enforceable because Ferguson’s plea agreement explicitly waived all issues other than the validity of the plea and sentence, and the district court conducted a thorough colloquy ensuring Ferguson understood that pretrial motions were not appealable. Consequently, Ferguson’s challenges to the denial of his motions to dismiss fell outside the scope of the waiver’s exceptions and were barred. The practical consequence is that the judgment of the United States District Court for the Northern District of Illinois is affirmed in part and the remaining appeal is dismissed, leaving the conviction and sentence intact. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.