MEMORANDUM **

Federal prisoner Glenn Steven Scott appeals pro se from the district court’s order denying his 28 U.S.C. § 2255 motion to, vacate, set aside, or correct his sentence. We have jurisdiction under 28 U.S.C. § 2253. We review de novo the district court’s denial of a section 2255 motion, see United States v. Aguirre-Ganceda, 592 F.3d 1043, 1045 (9th Cir. 2010), and we vacate and remand.

Scott contends that his counsel rendered ineffective assistance by failing to follow his instructions to file a notice of appeal. The government concedes, and we agree, that the district court erred when it declined to hold an evidentiary hearing on the issue. See United States v. Sandoval-Lopez, 409 F.3d 1193, 1198 (9th Cir. 2005) (stating that an evidentiary hearing is required when a defendant alleges that his attorney refused to file a notice of appeal when ordered to do so). We therefore remand to the district court for an eviden-tiary hearing to determine whether Scott instructed his attorney to file a notice of appeal. See id. Alternatively, if the government does not object, the district court may vacate and reenter the judgment in Scott’s criminal proceedings, allowing Scott to file a timely notice of appeal. See id.

VACATED and REMANDED.