What is the test for granting a hearing to determine the validity of a petition brought under section 2255 of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from United States v. Sarabia, No. 2:06-cr-0464 JAM AC (TEMP) (E.D. Cal. 2016):
Under 2255, "a district court must grant a hearing to determine the validity of a petition brought under that section, '[u]nless the motions and the files and records of the case conclusively show that the prisoner is entitled to no relief.'" United States v. Blaylock, 20 F.3d 1458, 1465 (9th Cir. 1994) (alteration in original) (quoting 28 U.S.C. 2255). The court may deny a hearing
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