...(A federal prisoner moving for relief is to be granted a hearing "[u]nless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief"). However, the remedy under § 2255 was designed to be "exactly commensurate" with the federal habeas...

...such circumstances, Section 2255 requires that the trial court act on the motion as follows: ". . . cause notice thereof to be served upon the United States attorney, grant a prompt hearing » Report of th<> Judicial Conference ( 1947) 17-18. See S. Rep. No, 1559, 80th Cong, 2d Sess. (1948)...

...such circumstances, Section 2255 requires that the trial court act on the motion as follows: ". . . cause notice thereof to be served upon the United States attorney, grant a prompt hearing 28 Report of the Judicial Conference ( 1947) 17-18. See S. Rep. No. 1559, 80th Cong, 2d Sess. (1948)...

...such circumstances, Section 2255 requires that the trial court act on the motion as follows: ". . . cause notice thereof to be served upon the United States attorney, grant a prompt hearing 28 Report of the Judicial Conference ( 1947) 17-18. See S. Rep. No. 1559, 80th Cong., 2d Sess. (1948)...

...make findings of fact and conclusions of law with respect thereto" unless "the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief." 3 This was not a case where the issues raised by the motion were conclusively determined either by...

...The statute requires a District Court to "grant a prompt hearing" when such a motion is filed, and to "determine the issues and make findings of fact and conclusions of law with respect thereto" unless "the motion and the files and records of the case conclusively show that the prisoner is entitled...

...appropriate." " 7 See note 6, supra. 8 The third paragraph of §2255 provides: "Unless the motion and the files and records of the case conclusively show that the...thereto. If the court finds that the judgment was Tendered without jurisdiction, or that the sentence imposed was not authorized by law or otherwise...

...motion as from a final judgment on application for a writ of habeas corpus. Opinion of the Court. 373 US and records of the case conclusively show that the prisoner is entitled to no relief . . . ." The section further provides that "[t]he sentencing court shall not be required to entertain a second or...

...sentence. "Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall cause notice thereof to be served on the county attorney, grant a prompt hearing thereon, determine the issues and make findings...

...sentence. "Unless the motion and the files and records of the case show to the satisfaction of the court that the prisoner is entitled to no relief, the court shall cause notice thereof to be served on the county attorney, grant a prompt hearing thereon, determine the issues and make findings...