Archie L. Jenkins v. Secretary, Department of Corrections, 17-10747

Jenkins originally pled guilty to attempted burglary and grand theft and was sentenced to concurrent 15- and 5-year terms; he later had that plea and sentence vacated at his request.
On retrial (or re-plea), Jenkins entered a new plea agreement and received concurrent 4-year sentences with no credit for time already served.
The plea agreement and the plea colloquy expressly stated that Jenkins would not receive credit for time served; Jenkins acknowledged reading and understanding the agreement and made no objection at the hearing.
Jenkins filed a § 2254 habeas petition claiming the sentence violated the Double Jeopardy Clause because he was not credited for time served (relying on North Carolina v. Pearce).
The district court denied relief but granted a COA limited to whether the state trial court violated double jeopardy; Jenkins also argued ineffective assistance for failing to advise about credit, but that issue was outside the COA.
The Eleventh Circuit affirmed, holding Jenkins knowingly waived any right to credit (and thus his double jeopardy claim), and declined to address the ineffective-assistance claim because it was not included in the COA.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether sentencing without credit for time served violated Double Jeopardy	Jenkins: Pearce requires credit for previously imposed punishment; denial of credit is multiple punishment	State/Judicial record: Jenkins knowingly waived credit in plea agreement and colloquy, so Pearce is inapplicable	Court: Held waiver was knowing and voluntary; no Pearce violation; claim rejected
Whether ineffective assistance of counsel vitiates waiver of credit	Jenkins: He never intended to waive credit; counsel failed to advise him (ineffective assistance)	State: Issue was outside the scope of the COA and not properly presented for appeal	Court: Did not decide ineffective-assistance claim—outside COA; declined to expand COA

North Carolina v. Pearce, 395 U.S. 711 (1969) (previous punishment must be credited on retrial/sentence absent valid waiver)
Ricketts v. Adamson, 483 U.S. 1 (1987) (plea agreements can constitute waiver of double jeopardy when reinstatement or harsher consequences are part of the agreement)
Brown v. Ohio, 432 U.S. 161 (1977) (Double Jeopardy Clause protections against multiple punishments)
United States v. Scott, 437 U.S. 82 (1978) (Double Jeopardy does not absolve a defendant from consequences of voluntary choices)
Ward v. Hall, 592 F.3d 1144 (11th Cir. 2010) (standard of review for § 2254 habeas denials)