Jonathan Valentine v. United States, No. 19-2983 (8th Cir. 2020)
Annotate this CaseCourt Description: [Per Curiam - Before Colloton, Kelly and Erickson, Circuit Judges] Prisoner case - Habeas. Further record development is warranted on Valentine's claim that his attorney failed to file a notice of appeal following his conviction and sentencing; the district court's judgment is vacated only as to the claim that sentencing counsel failed to file a notice of appeal as directed, and the case is remanded for further proceedings.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-2983 ___________________________ Jonathan A. Valentine lllllllllllllllllllllPetitioner - Appellant v. United States of America lllllllllllllllllllllRespondent - Appellee ____________ Appeal from United States District Court for the District of Nebraska - Omaha ____________ Submitted: November 3, 2020 Filed: December 4, 2020 [Unpublished] ____________ Before COLLOTON, KELLY, and ERICKSON, Circuit Judges. ____________ PER CURIAM. In 2018, Jonathan Valentine pleaded guilty to Hobbs Act robbery. He then filed a 28 U.S.C. § 2255 motion, in which he claimed, inter alia, that sentencing counsel failed to file a notice of appeal as directed. The district court summarily denied the motion as to that claim. This court granted a certificate of appealability as to Valentine’s claim that sentencing counsel failed to file a notice of appeal. Upon careful review, we conclude that further record development was warranted as to Valentine’s claim. See Watson v. United States, 493 F.3d 960, 96264 (8th Cir. 2007) (observing that, where petitioner’s allegations, if true, amount to ineffective assistance of counsel, hearing must be held unless record affirmatively refutes assertions upon which claim is based; remanding for hearing on § 2255 claim that counsel failed to appeal, because there was no contradictory record evidence). The government agrees and requests a remand. Accordingly, we vacate the district court’s judgment only as to Valentine’s claim that sentencing counsel failed to file a notice of appeal as directed, and remand the case to the district court for further proceedings. ______________________________ -2-
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