Muse appealed, but the Second Circuit declined to issue a certificate of appealability. Chief District Judge Preska denied the motion, relying on the waiver in the plea agreement. §2255 asking the Southern District of New York to set aside his conviction on the grounds that a mag- istrate judge lacked authority to decide whether he was an adult in 2009 and that his lawyer furnished ineffective assistance by not pursuing that question vigorously. The plea agreement contains a clause promising “not to seek to withdraw his guilty plea or file a direct appeal or any kind of collateral attack challenging his guilty plea or conviction based on his age either at the time of the charged conduct or at the time of the guilty plea.” Notwithstanding the waiver, Muse filed a proceeding under 28 U.S.C. He pleaded guilty and was sentenced to 405 months’ imprisonment. Magistrate Judge Peck, of the Southern District of New York, concluded that Muse was at least 18 when the crime occurred, which led to his prosecution as an adult. The day before a hearing set to determine his age, Muse told an FBI agent that he was between 18 and 19. 15- 2646 Muse initially told federal agents that he was 16 at the time of his capture, which created a potential for prosecution under the special rules applicable to juveniles. * After examining the briefs and the record, we have concluded that oral argument is unnecessary. §2280, among other crimes, for his role in boarding the MV Maersk Alabama in 2009 in international waters off the coast of Somalia and taking its captain hostage. Order Abduwali Muse pleaded guilty to piracy, 18 U.S.C. Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. DANIELS, Warden, FCI Terre Haute, Respondent- Appellee. SYKES, Circuit Judge ABDUWALI ABDUKHADIR MUSE, Petitioner- Appellant, v. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted February 22, 2016* Decided FebruBefore No.
NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed.
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