What is the test for a motion to vacate, set aside or correct a sentence de novo?
The following excerpt is from Brewer v. U.S., 841 F.2d 1128 (9th Cir. 1987):
This court reviews a district court's decision regarding a petition to vacate, set aside, or correct a sentence de novo. United States v. Quan, 789 F.2d 711 (9th Cir.1986).
A hearing on a section 2255 motion is required "[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. Sec. 2255 (1982); Marrow v. United States, 772 F.2d 525, 526 (9th Cir.1985). Brewer is not entitled to a hearing on any of his claims.
A. Separate Sentences Under 28 U.S.C. Sec. 841(a)(1)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
