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133794P.pdf   12/15/2014  United States  v.  Stacey Sellner
   U.S. Court of Appeals Case No:  13-3794
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Wollman, Author, with Riley, Chief Judge, and Bye, Circuit 
   Judge] 
   Prisoner case - habeas. In the absence of an evidentiary hearing, 
   petitioner's counsel's statement that petitioner agreed not to file an 
   appeal from her conviction cannot be accepted as true; as a a result, the 
   district court abused its discretion when it dismissed petitioner's claim 
   of ineffective assistance of counsel based on her attorney's failure to 
   file an appeal; when a pro se petitioner files a second Section 2255 
   motion while her first Section 2255 is still pending before the district 
   court, the second motion is not barred by AEDPA and should be construed as 
   a motion to amend; remanded for further proceedings.