Robert C. Evenstad v. United States

KLEINFELD, Circuit Judge:

Evenstad pleaded guilty to bank robbery and was sentenced to twelve years in prison. He did not appeal. Four years later, he petitioned for habeas corpus. He claims that his sentence should be vacated because one of the prior offenses considered in sentencing was tainted by ineffective assistance of counsel. We remand so that the district judge can make certain determinations and possibly hold a hearing.

I. Facts.

Evenstad robbed a bank, using what looked like a handgun and wearing a ski mask. FBI agents tracked him and caught him with the gun, ski mask, and most of the…