Before dismissing unverified § 2255 motion as defective, defendant must be given opportunity to conform motion to meet procedural requirements

COLLATERAL REVIEW United States v. Guerrero, No. 05-3299, ___ F.3d ___ (10th Cir. Jun 14, 2007)(Kansas). Appeal of district court’s dismissal of motion to vacate, set aside, or correct sentence brought under 28 U.S.C. § 2255. HELD: Where defendant filed unverified memorandum in support of verified § 2255 motion and memorandum asserted claim not included in motion (i.e., counsel was ineffective for failing to file appeal at defendant’s request), district court should give defendant opportunity to file amended motion or memorandum signed under penalty of perjury. Read the opinion here.