What is the test for a motion under Section 2255 of the Criminal Code allowing a judge to dismiss an evidentiary hearing?
MultiRegion, United States of America
The following excerpt is from United States v. Valencia, Civil No. 13-CV-2545-L, Criminal No. 12-CR-0286-L (S.D. Cal. 2014):
The court is not required to hold an evidentiary hearing when ruling on 2255 motions. 28 U.S.C. 2255; Shah v. United States, 878 F.2d 1156, 1159-60 (9th Cir. 1989). Section 2255 allows courts to forego such a hearing when "the motion and the files and records of the case
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