Baumann v. United States

1 Citing brief

  1. Elashi v. USA

    Brief/Memorandum in Support

    Filed October 25, 2013

    denied, 434 U.S. 848, 98 S.Ct. 155, 54 L.Ed.2d 115 (1977), the court stated that a District Court in a federal habeas corpus case should not ordinarily attempt to resolve contested issues of fact without holding an evidentiary hearing. In Bauman v. United States, 692 F.2d 565, 571 (9th Cir. 1982), the court stated that an evidentiary hearing must be held on a §2255 motion “unless viewing the petition against the records, Joint Memorandum in Support of Motion to Vacate, Set Aside, or Correct Sentence By a Person in Federal Custody - Page 56 Case 3:13-cv-04301-P Document 2 Filed 10/25/13 Page 60 of 62 PageID 84 its allegations do not state a claim for relief or are so palpably incredible or so patently frivolous as to warrant summary dismissal.” The contentions made here are outside the scope of the current trial record in this case.