What is the test for a motion under section 2255(b) of the Criminal Code seeking relief under Section 2255?

MultiRegion, United States of America

The following excerpt is from McAllister v. United States, 19-2514 (2nd Cir. 2021):

McAllister further argues that the district court abused its discretion by denying his section 2255 motion without holding an evidentiary hearing. A district court must hold a hearing on such a motion unless the motion and case records "conclusively show that the prisoner is entitled to no relief." 28 U.S.C. 2255(b). Even so, a district court may in its discretion decline to conduct a full evidentiary hearing and choose instead "to expand the record," if necessary, with an affidavit, for example, before determining if a hearing is required under section 2255(b). Chang v. United States, 250 F.3d 79, 85-86 (2d Cir. 2001).

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