UNITED STATES of America, Plaintiff-Appellee, v. Tracy Eldon LEWIS, Defendant-Appellant, 373 F. App'x 669

MEMORANDUM Federal prisoner Tracy Eldon Lewis appeals from the district court’s order denying his motion for relief under 28 U.S.C. § 2255. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we vacate and remand for an evidentiary hearing. Lewis contends that his counsel rendered ineffective assistance by failing to file a notice of appeal. The Government agrees this claim is controlled by United States v.

Sandoval-Lopez, 409 F.3d 1193, 1197-98 (9th Cir.2005), which holds that it is ineffective assistance of counsel to refuse to file a notice of appeal when requested, even if doing so is contrary to a plea agreement. Accordingly, we remand this claim to the district court for an evi-dentiary hearing as required by Sandoval-Lopez. Lewis’ motion to expand the certificate of appealability is denied. See 9th Cir. R. 22-l(e); see also Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir.1999) (per cu-riam). VACATED and REMANDED for an evidentiary hearing.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.