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United States Eleventh Circuit


Otero v. US, 06-15791

Denial of motion to vacate, set aside, or correct sentence under 28 U.S.C. section 2255, based on trial counsel's alleged failure to file a requested notice of appeal, is affirmed where trial counsel had no constitutional duty to consult defendant about an appeal and thus did not render constitutionally ineffective assistance by failing to do so.

Appellate Information

  • Decided 09/17/2007
  • Published 09/17/2007

Judges

  • PER CURIAM:, Before TJOFLAT, ANDERSON and HULL, Circuit Judges.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellant:
  • Pedro L. Amador, Jr. (Court-Appointed), Pedro L. Amador, P.A., Tampa, FL, for Petitioner-Appellant.

  • For Appellees:
  • Patricia D. Barksdale, Jacksonville, FL, David Paul Rhodes, U.S. Atty., Tampa, FL, for Respondent-Appellee.
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