Opinion
No. 19-2983
12-04-2020
Jonathan A. Valentine Petitioner - Appellant v. United States of America Respondent - Appellee
Appeal from United States District Court for the District of Nebraska - Omaha [Unpublished] Before COLLOTON, KELLY, and ERICKSON, Circuit Judges.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, 962-64 (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.