United States v. Jonquill Coleman
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 13, 2026
Docket25-13775
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 25-13775
Non-Argument Calendar
____________________
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
JONQUILL SHIONTA COLEMAN,
Defendant-Appellant.
____________________
Appeal from the United States District Court
for the Middle District of Florida
D.C. Docket No. 8:24-cr-00243-KKM-CPT-2
____________________
Before LAGOA, ANDERSON, and BLACK, Circuit Judges.
PER CURIAM:
Jonquill Coleman appeals his convictions for conspiracy to
distribute and possess with intent to distribute 40 grams or more of
a mixture containing fentanyl and distribution and possession with
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2 Opinion of the Court 25-13775
intent to distribute 40 grams or more of a mixture containing
fentanyl. He contends the district court erred in failing to sua sponte
inquire into an alleged conflict of interest during his plea hearing
where his trial counsel represented him in accepting an appeal
waiver that potentially precluded him from raising a claim of
ineffective assistance of counsel regarding his sentence. After
review, we affirm.
The district court did not reversibly err by failing to inquire
sua sponte into the alleged conflict of interest between Coleman and
his trial counsel. See United States v. Novaton, 271 F.3d 968, 1010
n.10 (11th Cir. 2001) (stating questions involving conflicts of
interest are mixed determinations of fact and law and are reviewed
de novo); Dallas v. Warden, 964 F.3d 1285, 1303 (11th Cir. 2020)
(explaining in the absence of a timely objection, a district court has
a duty to inquire into a potential conflict of interest if the court
“knows or reasonably should know” that a particular conflict of
interest exists). First, Coleman is not entitled to automatic reversal
because he did not object in the trial court and this case does not
involve counsel’s joint representation of codefendants. See Dallas,
964 F.3d at 1303-04 (11th Cir. 2020) (stating reversal for failure to
inquire into a potential conflict of interest is only “automatic”
when a court improperly requires joint representation of
codefendants over a timely objection; otherwise, the test is
whether an actual conflict of interest adversely affected counsel’s
performance).
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25-13775 Opinion of the Court 3
Additionally, Coleman is not entitled to relief because he
fails to prove an “actual conflict of interest adversely affected his
lawyer’s performance.” See Novaton, 271 F.3d at 1010 (“It is well-
settled that [i]n order to establish a violation of the Sixth
Amendment, a defendant who raised no objection at trial must
demonstrate that an actual conflict of interest adversely affected his
lawyer’s performance.”). The “possibility of conflict is insufficient
to impugn a criminal conviction,” and “absent a showing of actual
conflict and adverse effect, a defendant is not entitled to relief.” Id.
(quotation marks omitted). Coleman cannot establish an actual
conflict of interest because no “factual showing of inconsistent
interests” can be made, nor are there “specific instances in the
record” suggesting an actual impairment of his interests. See id. at
1010-11 (stating to show an “actual conflict,” a defendant must
“make a factual showing of inconsistent interests” or point to
“specific instances in the record” that suggest an actual impairment
of his interests). No record was made in the district court on this
issue, and Coleman provides no record evidence that the alleged
conflict actually influenced counsel’s decision-making. See id. at
1011 (stating the conflict-of-interest inquiry is fact-specific, and we
cannot determine the existence of an actual conflict if the record
provides insufficient facts to support it).
Importantly, Coleman cannot make the required showing
that “the conflict adversely affected his representation.” Id. (setting
out a three-element test to prove adverse effect). He fails to prove
that his proposed “plausible alternative defense strategy or
tactic”—for counsel to advise Coleman to refuse to sign an appeal
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4 Opinion of the Court 25-13775
waiver—was “reasonable under the facts.” Id. at 1011-12. First,
Coleman presents no evidence this option was available to him,
i.e., that the Government offered him a plea agreement without an
appeal waiver or would have done so if requested. Coleman also
does not provide evidence that a competing interest actually
affected his counsel’s decision to advise him to accept the plea
agreement as written. Second, Coleman would have received the
exact same convictions and sentences under the proposed
alternative and there still would not have been any identifiable
error to appeal. For these reasons, this alternative did not “possess[]
sufficient substance to be a viable alternative.” Id. at 1011.
Coleman’s argument that his counsel would have had a greater
incentive to represent him well at sentencing under the
“alternative defense strategy” lacks merit because Coleman fails to
identify any ineffectiveness in his counsel’s performance at
sentencing or anything he would have liked his counsel to do
differently at sentencing. In fact, Coleman disclaims any need to
show this conflict adversely affected his sentencing, arguing the
logic of the potentially conflicting interests is sufficient by itself to
meet the third prong, “that the alternative defense was inherently
in conflict with . . . the attorney’s other loyalties or interests.” Id.
But Coleman’s overbroad interpretation of the “inherently in
conflict” language would swallow the rule that “absent a showing
of actual conflict and adverse effect, a defendant is not entitled to
relief.” Id. at 1010.
Finally, the appeal waiver in Coleman’s plea agreement
prohibited him from appealing his sentence except in certain
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25-13775 Opinion of the Court 5
circumstances and it did not explicitly prohibit him from raising an
ineffective-assistance claim in a § 2255 proceeding. Indeed, § 2255
is the method by which our Court generally prefers those claims to
be pursued. See United States v. Patterson, 595 F.3d 1324, 1328-29
(11th Cir. 2010).
Accordingly, we affirm.
AFFIRMED.