What is the test for a knowing and voluntary waiver of an individual's right to appeal?

The district court found that petitioner had never instructed trial counsel to file a notice of appeal or to pursue an appeal, and thus petitioner had made a knowing and voluntary waiver of his right to appeal. ³ There exists no credible evidence showing that trial counsel failed to render effective assistance. A district court's factual findings underlying the determination of whether a waiver is knowing and voluntary must be accepted unless they are clearly erroneous. See United States v. Scarpa, 897 F.2d 63, 68 (2d Cir.), cert. denied, 498 U.S. 816, 111 S.Ct. 57, 112 L.Ed.2d 32 (1990). On review of the entire record, we hold the district court's findings are not clearly erroneous.