United States v. Anderson: Conflicting Sworn Statements About an Appeal Request Require a § 2255 Hearing

If you swear that you told your lawyer to appeal and your lawyer swears you did not, the judge generally cannot pick a side on paper. On October 19, 2026, in United States v. Anderson, the Ninth Circuit held that the district court should have held an evidentiary hearing before denying a § 2255 motion on that kind of dispute.

What happened

Patrick Anderson pleaded guilty in the District of Idaho to possession with intent to distribute methamphetamine and fentanyl. His plea agreement waived his right to appeal.

He later filed a sworn § 2255 motion. He said he told his lawyer to file an appeal and the lawyer never did. The district court had the lawyer file a declaration. The lawyer denied that Anderson asked for an appeal.

The district court denied the motion without a hearing. It said a hearing would be a "waste of judicial resources" and an "exercise in futility," in part because Anderson had waived his appeal rights.

What the Ninth Circuit decided

The Ninth Circuit vacated the denial and sent the case back for a hearing. The opinion makes three main points:

• The claim was stated. A lawyer who does not file an appeal after the client asks for one is ineffective, and prejudice is presumed. That is true even if the client signed an appeal waiver. The court relied on Roe v. Flores-Ortega, 528 U.S. 470 (2000), and Garza v. Idaho, 586 U.S. 232 (2019).
• Paper could not settle who was telling the truth. Section 2255(b) requires a hearing "[u]nless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief" (28 U.S.C. § 2255(b)). Faced with two sworn statements that conflicted on the key fact, the court needed to see the witnesses testify.
• Futility and efficiency are not reasons to skip the hearing. Whether the appeal would have won does not matter for this kind of claim. And the court said judicial efficiency "is not a valid basis to deny an evidentiary hearing on a § 2255 motion."

The court also rejected the idea that the appeal waiver made Anderson's story unbelievable. It said he could have appealed on grounds such as an unknowing waiver, or he may have misunderstood the waiver.

What it means for a § 2255 motion

Anderson is binding in the Ninth Circuit. Courts elsewhere may find it persuasive, but they follow their own circuit's law.

If your lawyer did not file an appeal you asked for:

• Say so plainly in the motion, which you sign under penalty of perjury (Rule 2(b), Rules Governing Section 2255 Proceedings). Give the date, the place and what you said, if you remember.
• Ask for an evidentiary hearing.
• Gather anything that backs you up, such as letters, emails, notes or people who heard you ask.
• Watch the clock. A § 2255 motion generally must be filed within one year of when the conviction became final (28 U.S.C. § 2255(f)).

Our page on ineffective assistance on appeal explains related claims.

Your next step

Get your plea agreement, your judgment and the court docket showing no notice of appeal was filed. Book a consultation to talk about your case.