Teresa Witthar v. United States

Teresa Witthar petitioned for relief under 28 U.S.C. § 2255, arguing that she was denied effective assistance of counsel when her attorney failed to file a requested notice of appeal. The district court denied Witthar’s petition on the merits without an evidentiary hearing. We reverse and remand.

Witthar pleaded guilty to conspiracy against rights, obstruction of justice, and interference with fair housing rights. See 18 U.S.C. §§ 241, 1512(b)(1); 42 U.S.C. § 3631. In her plea agreement, Witthar waived her right to appeal or collaterally attack a finding of guilt. She further waived her right…