United States v. Guerrero

LUCERO, Circuit Judge.

Leonel Guerrero, proceeding pro se, appeals the district court’s dismissal of his motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Guerrero filed an unverified memorandum in support of his verified § 2255 motion. In the memorandum, he asserted a claim not included in the motion: that his counsel was ineffective for failing to file an appeal at his request. Exercising jurisdiction under 28 U.S.C. § 1291, we VACATE the district court’s judgment and REMAND to the district court. Upon remand, the court should give Guerrero an opportunity to…