Under what circumstances must a judge grant an evidentiary hearing on a petition brought by Dupard?

MultiRegion, United States of America

The following excerpt is from Dupard v. U.S., 993 F.2d 882 (9th Cir. 1992):

Under 28 U.S.C. 2255, an evidentiary hearing must be granted "[u]nless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief." 28 U.S.C. 2255. Dupard has not alleged facts outside the record that the district court was required to resolve before ruling on the petition. Accordingly, we conclude that the district court did not abuse its discretion in not conducting an evidentiary hearing. See Doganiere v. United States, 914 F.2d 165, 168 (9th Cir.1989).

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