United States Eighth Circuit

An order denying defendant's 28 U.S.C. section 2255 motion to vacate, set aside or correct his conviction is affirmed where: 1) despite counsel's advice to appeal, defendant told him he did not want to appeal, and counsel could not be ineffective in following his express instructions; 2) trial counsel was ineffective in failing to inform defendant about his right to file a cross-appeal after the government filed a notice of appeal; but 3) defendant was not prejudiced as a result of the deficient performance, as there was no reasonable probability that, but for counsel's failure, defendant would have appealed his conviction or sentence.

Appellate Information

• Decided 11/06/2008
• Published 11/06/2008

Judges

• BYE, Circuit Judge., Before BYE, SMITH, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Jordan S. Kushner, argued, Minneapolis, MN, for appellant., Donald Leonard Keys, Pekin, IL, pro se.


• For Appellees:
  
• Joseph T. Dixon, AUSA, argued, Lisa D. Kirkpatrick, AUSA, on the brief, Minneapolis, MN, for appellee.