Mack Al Green v. United States

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Mack Green challenged his federal conviction and sentence, see 28 U.S.C. § 2255, and the district court, after holding an evidentiary hearing, denied relief. Because the court failed to appoint counsel to represent Mr. Green at the hearing, we vacate the district court order denying relief and remand the case for further proceedings.

I

Rule 8(a) of the Rules Governing § 2255 Proceedings requires a district court to decide whether a hearing is necessary to determine the merits of a motion pursuant to 28 U.S.C. § 2255. Under Rule 8(c), “[i]f an evidentiary…