Can a federal prisoner appeal the denial of his Section 2255 motion and the court's decision not to hold an evidentiary hearing?
MultiRegion, United States of America
The following excerpt is from Cruz-Venegas v. United States, Case No.: 3:17-cr-03179-BEN-1, Case No.: 3:18-cv-02511-BEN (S.D. Cal. 2020):
Finally, in United States v. Flores-Acuna, a federal prisoner appealed the denial of his Section 2255 motion as well as the court's decision not to hold an evidentiary hearing, asserting "that he was prejudiced by counsel's failure to present evidence of his mental deficit to the jury." 637 F. App'x 325 (9th Cir. 2016). In Flores, after trial, a clinical and
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