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
279 F. App'x 835
Clarence JENKINS, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.
No. 06-14826.
United States Court of Appeals, Eleventh Circuit.
May 28, 2008.
Charles E. Lykes, Jr., Clearwater, FL, for Petitioner-Appellant.
Susan Hollis Rothstein-Youakim, U.S. Attorney’s Office/Middle Dist. of FL, Tampa, FL, for Respondent-Appellee.
*836Before CARNES and MARCUS, Circuit Judges, and DUBOSE,* District Judge.
Jenkins v. United States
279 F. App'x 835
Case Details
279 F. App'x 835
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