Can a federal district court deny a hearing under Section 2255 of the Criminal Code for abuse of discretion?
MultiRegion, United States of America
The following excerpt is from United States v. Jiau, No. 12-4221 (Lead), No. 12-4908 (Con) (2nd Cir. 2013):
543, 548 (2d Cir. 2011) ("Absent a showing that the habeas application is much more promising, judicial economy would seem to favor pursuing the direct appeal first."). We review a district court's denial of a hearing under 2255 for abuse of discretion. Chang v. United States, 250 F.3d 79, 82 (2d Cir. 2001).
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