DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

132607P.pdf   08/08/2014  Cesar Franco  v.  United States
   U.S. Court of Appeals Case No:  13-2607
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Smith, Author, Chief Judge Riley and Beam, Circuit Judges] 
   Habeas Case - motion to vacate. District court's denial of claim of 
   ineffective assistance of counsel without a hearing is reversed. Neither 
   defendant's nor his counsel's affidavit relating to whether defendant 
   asked counsel to file a notice of appeal is more credible than the other. 
   Making a factual determination without the benefit of an evidentiary 
   hearing is an abuse of discretion.