What is the test for determining whether a motion to hear a claim by the appellant against the appellant has been successful?
MultiRegion, United States of America
The following excerpt is from U.S. v. Levy, 377 F.3d 259 (2nd Cir. 2004):
to hear the claim, permitting the appellant to raise the issue as part of a subsequent [28 U.S.C.] 2255 [motion]; (2) remand the claim to the district court for necessary fact-finding; or (3) decide the claim on the record before us.'" United States v. Doe, 365 F.3d 150, 152 (2d Cir.2004) (alteration in original) (quoting United States v. Leone, 215 F.3d 253, 256 (2d Cir.2000)).
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