In what circumstances will a defendant be denied relief under section 2255 of the Criminal Code for failing to provide an evidentiary hearing?

In the present case, Hui did not allege in his section 2255 motion that he would have rejected the plea bargain (pursuant to which 3 other charges against him carrying sentences totaling 25 years were dropped) if his attorney had correctly predicted the outcome of his parole hearing, nor did he allege special circumstances that might support the conclusion that he placed particular emphasis on his parole eligibility in deciding how to plead. Id. at 60. Absent an allegation of prejudice, Hui's motion failed to set forth facts, which, if true, would have entitled him to relief. Id.; United States v. Schaflander, 743 F.2d 714, 717 (9th Cir.1984), cert. denied, 470 U.S. 1058 (1985). In these circumstances, the district court did not err in denying Hui's section 2255 motion without an evidentiary hearing.

We have considered all other arguments raised by Hui and find them without merit.