Federal Circuits, 11th Cir. (June 19, 2006)
Docket number: 04-00018
05-14969
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U.S. Court of Appeals for the 11th Cir. - Willie Clisby, Petitioner-Appellee, Cross-Appellant, v. Charlie Jones, Warden, Holman Unit, Alabama Department of Corrections, Respondent-Appellant, Cross-Appellee., 960 F.2d 925 (11th Cir. 1992) Petitioner-Appellee, Cross-Appellant, v. Charlie Jones, Warden, Holman Unit, Alabama Department of Corrections, Respondent-Appellant, Cross-Appellee.
[D O NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS FILED F O R THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS ELEVENTH CIRCUIT JUNE 19, 2006 N o . 05-14969 THOMAS K. KAHN CLERK N o n - A r g u m e n t Calendar D . C. Docket Nos. 04-00018-CV-DF-7 an d 00-00004-CR-WDOT A JR IC K CONAWAY, Petitioner-Appellant, versusUNITED STATES OF AMERICA, Respondent-Appellee. A p p e al from the United States District Court fo r the Middle District of Georgia (J u n e 19, 2006)B efo re BLACK, BARKETT and WILSON, Circuit Judges.P E R CURIAM: F ed eral prisoner Tajrick Conaway appeals the district court's denial of his 2 8U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. The A n titerro rism and Effective Death Penalty Act of 1996 ("AEDPA"), Pub.L. No. 1 0 4 -1 3 2 , 110 Stat. 1214 (1996), governs this appeal because Conaway filed his m o tio n after the AEDPA's enactment. In his motion to vacate, Conaway claims th a t he was denied the effective assistance of counsel and other constitutional v io latio n s. We granted a Certificate of Appealability ("COA") on the following issu e only: Whether the district court violated Clisby v. Jones, 960 F.2d 925, 938 (1 1 th Cir. 1992) (en banc), by failing to address appellant's claims th a t his counsel was ineffective for failing to (1) advise him that it was p o ssib le for him to enter a conditional guilty plea; and (2) object to th e amount of drugs for which he was held responsible. W h e n reviewing the district court's denial of a § 2255 motion, we review q u estio n s of law de novo and findings of fact for clear error. Lynn v. United States, 3 6Try vLex for FREE for 3 days
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