The following excerpt is from Batista v. United States, 18-1631-cv (2nd Cir. 2020):
A district court's denial of a defendant's request for an evidentiary hearing on a claim of ineffective assistance of counsel is reviewed for abuse of discretion. United States v. Levy, 377 F.3d 259, 264 (2d Cir. 2004). "A district court has abused its discretion if it based its ruling on an erroneous view of the law or on a clearly erroneous assessment of the evidence, or rendered a decision that cannot be located within the range of permissible decisions." In re Sims, 534 F.3d 117, 132 (2d Cir. 2008) (internal quotation marks, alteration, and citations omitted); see also In re City of
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