Sammy Lee Terrell v. United States

9 F.3d 1553 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Sammy Lee TERRELL, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 92-56007. United States Court of Appeals, Ninth Circuit. Submitted July 16, 1993. * Decided Nov. 5, 1993. Before: GIBSON, ** HALL and KLEINFELD, Circuit Judges. 1 MEMORANDUM *** 2 The district court's denial of an evidentiary hearing is reviewed for an abuse of discretion. Greyson v. Kellam, 937 F.2d 1409, 1412 (9th Cir.1991). A hearing is required unless "the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief." 28 U.S.C. § 2255 . 3 The district court did not err in denying a hearing, because Terrell's "allegations, viewed against the record, either fail to state a claim for relief or are 'so palpably incredible or patently frivolous as to warrant summary dismissal.' " Marrow v. United States, 772 F.2d 525, 526 (9th Cir.1985) (citations omitted). The district…