24
Opinion of the Court
Daniel Isaiah Siegel argued the cause for petitioner. With him on the briefs was James Vincent Wade.
Roy W. McLeese III argued the cause for the United States. With him on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, Deputy Solicitor General Dreeben, and Louis M. Fischer.*
Justice Kennedy delivered the opinion of the Court. We granted certiorari to resolve a Circuit conflict over whether a district court's failure to advise a defendant of his right to appeal as required by the Federal Rules of Criminal Procedure provides a basis for collateral relief even when the defendant was aware of his right to appeal when the trial court omitted to give the advice. Compare, e. g., Thompson v. United States, 111 F. 3d 109 (CA11 1997) (defendant entitled to relief even if he knew of his right to appeal through other sources); United States v. Sanchez, 88 F. 3d 1243 (CADC 1996) (same); Reid v. United States, 69 F. 3d 688 (CA2 1995) (per curiam) (same), with Tress v. United States, 87 F. 3d 188 (CA7 1996) (defendant not entitled to relief if he knew of his right to appeal); United States v. Drummond, 903 F. 2d 1171 (CA8 1990) (same). We hold that a district court's failure to advise the defendant of his right to appeal does not entitle him to habeas relief if he knew of his right and hence suffered no prejudice from the omission.
Petitioner Manuel Peguero pleaded guilty to conspiracy to distribute cocaine, in violation of 21 U. S. C. § 846. At a sentencing hearing held on April 22, 1992, the District Court sentenced petitioner to 274 months' imprisonment. The court did not inform petitioner of his right to appeal his sentence.
In December 1996, more than four years after he was sentenced, petitioner filed a pro se motion to set aside his
*John J. Gibbons, Lawrence S. Lustberg, Kevin McNulty, and David M. Porter filed a brief for the National Association of Criminal Defense Lawyers as amicus curiae urging reversal.
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