Clarence Jenkins v. United States

U.S. Court of Appeals for the Eleventh Circuit
Clarence Jenkins v. United States, 279 F. App'x 835 (11th Cir. 2008)

Clarence Jenkins v. United States

Opinion

PER CURIAM:

After hearing conflicting testimony and considering all of the evidence, the district court entered findings of fact, which are not clearly erroneous. In light of those findings of fact, the district court’s decision rejecting the claim that trial counsel rendered ineffective assistance by failing to file a notice of appeal within ten days following sentencing is due to be affirmed on the basis of Devine v. United States, 520 F.3d 1286 (11th Cir. 2008). The facts of that case are materially indistinguishable from those of this case. 1

1

. The second issue on which we granted a certificate of appealability, involving the failure of trial counsel to file a Federal Rule of Appellate Procedure 4(b)(4) motion, has been abandoned because it was not raised in the Appellant's brief.

Reference

Full Case Name
Clarence JENKINS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee
Status
Unpublished