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WITTHAR v. U.S.

No. 14-1612.

793 F.3d 920 (2015)

Teresa WITTHAR, Movant-Appellant v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: July 17, 2015.

Attorney(s) appearing for the Case

Andrea L. Smith , Kirkwood, MO, argued, for appellant.

Lajuana M. Counts , Asst. U.S. Atty., Kansas City, MO, argued ( Tammy Dickinson , U.S. Atty., David M. Ketchmark , Asst. U.S. Atty., on the brief), for appellee.

Before WOLLMAN and GRUENDER, Circuit Judges, and GRITZNER, District Judge.

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...

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