Appeal Waiver dosent matter

US v. Tapp, No. 05-30222
The rule of Flores-Ortega, 528 U.S. 470 (2000), which held that the failure to file a requested notice of appeal (NOA) is per se ineffective assistance of counsel, applies even where a defendant has waived his right to direct appeal and collateral review. In such circumstances, if the petitioner is able to demonstrate by a preponderance of the evidence that he requested an appeal, prejudice will be presumed and the petitioner will be entitled to file an out-of-time appeal, regardless of whether he is able to identify any arguably meritorious grounds for appeal that would not be precluded by the terms of his appeal waiver