What is the test for denying an evidentiary hearing for the purpose of determining whether a defendant has a valid claim against him?
MultiRegion, United States of America
The following excerpt is from United States v. Khandrius, 13-3151-cr(L), 13-4594-cr(Con) (2nd Cir. 2015):
Khandrius also challenges the district court's denial of his request for a hearing pursuant to United States v. Fatico, 603 F.2d 1053 (2d Cir. 1979). We review the denial of an evidentiary hearing for an abuse of discretion. United States v. Ghailani, 733 F.3d 29, 54 (2d Cir. 2013).
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