What is the test for denying an evidentiary hearing for abuse of power?

MultiRegion, United States of America

The following excerpt is from U.S. v. Hampton, 119 F.3d 7 (9th Cir. 1997):

This court reviews the denial of a 2255 evidentiary hearing for abuse of discretion. United States v. Rogers, 984 F.2d 314, 316 (9th Cir.1993). A habeas petitioner is entitled to an evidentiary hearing on a claim if: (1) his allegations, if proved, would entitle him to relief, and (2) an evidentiary hearing is required to ascertain facts to establish the truth of the allegations. Bashor v. Risely, 730 F.2d 1228, 1233 (9th Cir.), cert. denied, 469 U.S. 838 (1984).

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