1. This Court provides that a defense attorney must consult with case defendant concerning the defendant's right to appeal and the of waiving that right. Jonathan Aleman pleaded guilty. After sentencing, Aleman fileda criminalconsequences Mr. a pro se notice of appeal. Thereafter his attorney filed a motion in less than five minute the defense Aleman that he should not appeal because he couldto dismiss the an appeal,attorney get more time and that he could always attack the sentence collaterally. The defense attorney never spoke with Mr. Aleman again.convinced Mr. Was defense counsel's advice constitutionally inadequate?

2. In the § 2255 motion, Mr.Aleman alleged that his defense attorney failed to advise him that in the absence of a direct appeal, his valid sentencing challenge could not be heard —the claims are incognizable in collateral review. Defense counsel said he should dismiss the appeal because he might get A quanta of advice that is objectively inadequate becausemore time .the court Aleman could not show prejudice. The district court never conducteddecided Mr. an evidentiary hearing. Should the district court have conducted an evidentiary hearing to evaluate the adequacy of counsel's advice concerning the direct appeal?out of-court ,off-the-record

3. The Court of Appeals denied a certificate of appealability based its merits analysis that Mr. Aleman could not show prejudice. Eleventhon Did the Circuit Court of Appeals exceed its subject-matter jurisdiction by deciding the merits of the claim before granting a certificate of appealability?

Was defense counsel's advice constitutionally inadequate?