What is the test for a motion under section 2255 of the Habeas Corpus Act?

Section 2255 requires that "[u]nless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall ... grant a prompt hearing ..., determine the issues and make findings of fact and conclusions of law." 28 U.S.C. Sec. 2255 (1982). When section 2255 motions are based on alleged occurrences entirely outside the record, which if true would support relief, the court must conduct a hearing on those allegations "unless, viewing the petition against the record, its allegations do not state a claim for relief or are so patently frivolous or false as to warrant summary dismissal." See Baumann v. United States, 692 F.2d 565, 571 (9th Cir.1982).

In deciding such motions judges need not conduct full evidentiary hearings. See Rules Governing Habeas Corpus Cases. Section 2255 itself "recognizes that there are times when allegations of facts outside the record can be fully investigated without requiring the personal presence of the prisoner." Machibroda v. United States, 368 U.S. 487, 495, 82 S.Ct. 510, 514, 7 L.Ed.2d 473 (1962).