Does a conviction or sentence on appeal under Section 2255 of the Criminal Code provide a basis for relief under the Civil Code 2255?

a conviction or sentence on appeal do not necessarily provide a basis for relief under 2255." United States v. Wilcox, 640 F.2d 970, 973 (9th Cir. 1981).

When a motion "presents no more than conclusory allegations, unsupported by facts and refuted by the record, an evidentiary hearing is not required." United States v. Quan, 789 F.2d 711, 715 (9th Cir. 1986); see also United States v. Leonti, 326 F.3d 1111, 1116 (9th Cir. 2003) (evidentiary hearing unnecessary if allegations when viewed against the record are palpably incredible or patently frivolous).