Sanders v. United States

Mr. Justice Brennan delivered the opinion of the Court.

We consider here the standards which should guide a federal court in deciding whether to grant a hearing on a motion of á federal prisoner under 28 U. S. C. § 2255.[1] [*3] Under that statute, a federal .prisoner who claims that his sentence was imposed in violation of the Constitution or laws of the United States may seek relief from the sentence by filing a motion in the sentencing court stating the facts supporting his claim. “[A] prompt hearing” on the motion is required “[u]nless the motion and the files [*4] 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 successive motion for similar relief on behalf of the same prisoner.”

The petitioner is serving a 15-year sentence for robbery of a federally insured bank in violation of 18 U. S. C. §2113 (a). He filed two motions under § 2255. The first alleged no facts but only bare conclusions in support of his claim. The second, filed eight months after the first, alleged facts which, if true, might entitle him to relief. Both motions were denied,'without hearing, by the District Court for the' Northern District of California. On appeal from the denial of the second motion, the Court of Appeals for the Ninth Circuit affirmed. 297 F. 2d 735. We granted leave to proceed in forma pauperis and cer-tiorari. 370 U. S. 936.