The following excerpt is from United States v. Pineda-Parra, CASE NO. CR F 10-0416 LJO (E.D. Cal. 2013):
Under section 2255, a prisoner in federal custody may petition the sentencing court to vacate, set aside, or correct its sentence if the prisoner believes that his sentence was imposed "in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack." 28 U.S.C. 2255. "[T]o obtain collateral relief a prisoner must clear a significantly higher hurdle than would exist on direct appeal." United States v. Frady, 456 U.S. 152, 166 (1982). The court shall grant a hearing, determine the issues, and make findings of fact and conclusions of law, "[u]nless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief." 28 U.S.C. 2255.
In deciding whether to grant a hearing, the court shall determine whether defendant made "specific allegations that, if true, state a claim on which relief could be granted." United States v. Schaflander, 743 F.2d 714, 717 (9th Cir. 1984); United States v. Hearst, 638 F.2d 1190, 1194
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