United States of America v. Glenn Steven Scott

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
v.
GLENN STEVEN SCOTT,
Defendant - Appellant.
No. 14-35807
D.C. Nos. 6:09-cr-00025-CCL
6:12-cv-00103-CCL
MEMORANDUM*
Appeal from the United States District Court
for the District of Montana
Charles C. Lovell, District Judge, Presiding
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Federal prisoner Glenn Steven Scott appeals pro se from the district court’s
order denying his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his
sentence. We have jurisdiction under 28 U.S.C. § 2253. We review de novo the
FILED
JAN 26 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

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district court’s denial of a section 2255 motion, see United States v. Aguirre-
Ganceda, 592 F.3d 1043, 1045 (9th Cir. 2010), and we vacate and remand.
Scott contends that his counsel rendered ineffective assistance by failing to
follow his instructions to file a notice of appeal. The government concedes, and
we agree, that the district court erred when it declined to hold an evidentiary
hearing on the issue. See United States v. Sandoval-Lopez, 409 F.3d 1193, 1198
(9th Cir. 2005) (stating that an evidentiary hearing is required when a defendant
alleges that his attorney refused to file a notice of appeal when ordered to do so).
We therefore remand to the district court for an evidentiary hearing to determine
whether Scott instructed his attorney to file a notice of appeal. See id.
Alternatively, if the government does not object, the district court may vacate and
reenter the judgment in Scott’s criminal proceedings, allowing Scott to file a timely
notice of appeal. See id.
VACATED and REMANDED.
14-35807 2

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