Was defense counsel's advice constitutionally inadequate?

QUESTIONS PRESENTED 1. This Court provides that a defense attorney must consult with a criminalcase defendant concerning the defendant's vight to appeal and the consequences of waiving that right. Jonathan Aleman pleaded guilty. After sentencing, Mr. Aleman filed a pro se notice of appeal. Thereafter his attorney filed a motion to dismiss the an appeal, in less than five minute the defense attorney convinced Mr. Aleman that he should not appeal because he could get more time and that he could always attack the sentence collaterally. The defense attorney never spoke with Mr. Aleman again. 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 more time. A quanta of advice that is objectively inadequate because the court decided Mr. Aleman could not show prejudice. The district court never conducted “an evidentiary hearing. Should the district court have conducted an evidentiary hearing to evaluate the adequacy of counsel's out-of-court. of f-the--record advice concerning the direct appeal? : 3. The Court of Appeals denied a certificate of appealability based on its merits analysis that Mr. Aleman could not show prejudice. Did the Eleventh Circuit Court of Appeals exceed its subject-matter jurisdiction by deciding the merits of the claim before granting a certificate of appealability? -i