DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

121971P.pdf   08/06/2013  Brian Jeffries  v.  United States
   U.S. Court of Appeals Case No:  12-1971
   U.S. District Court for the District of South Dakota - Rapid City   
   [PUBLISHED] [Colloton, Author, with Wollman and Bye, Circuit Judges] 
   Habeas Petition - motion to vacate. Separate document rule (Rule 58(a)) 
   applies in appeals from section 2255 proceedings. The district court's 
   order, replete with legal analysis, requires a separate judgment. Because 
   no separate judgment was entered, the judgment is considered entered 150 
   days after the filing of the order and the notice of appeal is thus timely 
   filed. On the merits of the claim of ineffective assistance of counsel 
   that counsel failed to object to government's alleged breach of the plea 
   agreement, Jeffries did not demonstrate that he was prejudiced and the 
   district court did not abuse its discretion in resolving the case without 
   an evidentiary hearing.