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GOMEZ-DIAZ v. U.S.

No. 04-11105.

433 F.3d 788 (2005)

Francisco GOMEZ-DIAZ, a.k.a. Jose Gomer, a.k.a. Joe Robert Torres, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 20, 2005.

Attorney(s) appearing for the Case

Rebecca Bowen Creed (Court-Appointed), Mills & Carlin, P.A., Jacksonville, FL, for Gomez-Diaz.

Todd B. Grandy, Tamra Phipps, Tampa, FL, for U.S.

Before BLACK, WILSON and COX, Circuit Judges.

COX, Circuit Judge:

Francisco Gomez-Diaz ("Petitioner") filed a timely 28 U.S.C. § 2255 motion challenging his conviction and sentence on federal offenses. He alleged, among other things, that counsel appointed to represent him failed to file a notice of appeal as he requested.

It is well-settled that a lawyer who disregards instructions from his client to appeal has acted "in a manner that is professionally...

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