The following excerpt is from United States v. Sanchez-Romo, CIVIL CASE NO. 19cv948WQH, CRIM CASE NO. 16cr1766WQH (S.D. Cal. 2019):
An individual filing a claim for federal habeas corpus relief under 28 U.S.C. 2255 is entitled to an evidentiary hearing "unless the motion and the files and records of the case conclusively show the prisoner is entitled to no relief." United States v. Schaflander, 743 F.2d 714, 717 (9th Cir. 1984). This standard requires an evidentiary hearing unless the movant's allegations, when viewed against the record, do not state a claim for relief or are so palpably incredible or patently frivolous as to warrant summary dismissal. Id. The record in this case conclusively shows that representation
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