United States v. Regina Tolliver

OPINION

GREENAWAY, JR., Circuit Judge.

I. INTRODUCTION

The Government appeals the District Court’s grant of Regina Tolliver’s (“Appellee” or “Tolliver”) 28 U.S.C. § 2255 motion. Because material facts are in dispute surrounding Tolliver’s ineffective assistance of counsel (“IAC”) allegations based on her trial counsel’s failure to investigate, the District Court abused its discretion in granting the § 2255 motion without first holding an evidentiary hearing. As such, we will vacate and remand, so that a hearing may be held.

II. FACTUAL AND PROCEDURAL BACKGROUND

Between March and November 2007…