Carl Kizziah v. United States

── Carl Kizziah v. United States ── Court: Court of Appeals for the Eleventh Circuit Date: May 21, 2026 Category: NEW USCA11 Case: 24-13222 Document: 40-1 Date Filed: 05/21/2026 Page: 1 of 13 NOT FOR PUBLICATION In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 24-13222 Non-Argument Calendar ____________________ CARL BILLY KIZZIAH, Petitioner-Appellant, versus UNITED STATES OF AMERICA, Respondent-Appellee. ____________________ Appeal from the United States District Court for the Northern District of Alabama D.C. Docket No. 7:23-cv-08026-ACA ____________________ Before NEWSOM, LAGOA, and BRASHER, Circuit Judges. PER CURIAM: Carl Billy Kizziah, a federal prisoner, appeals the district court’s denial of his 28 U.S.C. § 2255 motion to vacate. We granted a certificate of appeal (“COA”) on two issues: (1) whether the USCA11 Case: 24-13222 Document: 40-1 Date Filed: 05/21/2026 Page: 2 of 13 2 Opinion of the Court 24-13222 district court erred when it denied “Kizziah’s claim that counsel was ineffective for failing to file a notice of appeal,” and (2) whether the district court erred when it denied “Kizziah’s claim that counsel was ineffective for failing to object to a term of supervised release that exceeded the statutory maximum.” For the reasons stated, we affirm. I. Kizziah was charged in an indictment with the following three counts: (1) conspiracy to possess with intent to distribute fifty grams or more of methamphetamine, in violation of 21 U.S.C. § § 846, 841(a)(1) and (b)(1)(A), (2) distribution of five grams or more of methamphetamine, in violation of § § 841(a)(1) and (b)(1)(A), and (3) possession with intent to distribute fifty grams or more of methamphetamine, in violation § § 841(a)(1) and (b)(1)(A). An at- torney from the Federal Public Defender’s Office was appointed as trial counsel for Kizziah. A. Kizziah’s Plea Agreement and Sentencing On February 2, 2019, Kizziah entered into a plea agreement and pled guilty to the three counts in exchange for the government recommending a sentence at the low end of the advisory United States Sentencing Guidelines. The plea agreement included an ap- peal waiver with exceptions for any sentence exceeding the statu- tory maximum or the advisory guidelines range and for ineffective assistance of counsel. USCA11 Case: 24-13222 Document: 40-1 Date Filed: 05/21/2026 Page: 3 of 13 24-13222 Opinion of the Court 3 Kizziah appeared for a sentencing hearing, and the district court imposed a sentence of 150 months’ imprisonment and 180 months’ supervised release. At the conclusion of the sentencing hearing, the district court asked whether either party had any objection “as to the find- ings of fact, the calculations, the sentence, or the manner in which the sentence was pronounced or imposed.” Neither party ob- jected. Kizziah did not appeal. B. Kizziah’s Section 2255 Proceedings Kizziah timely filed his 28 U.S.C. § 2255 pro se motion, alleg- ing ineffective assistance of counsel. Relevant here, Kizziah at-