Gil Munoz Leano v. United States

KOELSCH, Circuit Judge:

The district court’s refusal to entertain Leano’s present motion for relief pursuant to 28 U.S.C. § 2255 can be sustained only if at least one of Leano’s two prior motions was determined against him “on the merits” as that term is explicated in Sanders v. United States, 373 U.S. 1, 16, 83 S.Ct. 1068, 10 L.Ed.2d 148 (1963). 1

Because neither denial rested upon an evidentiary hearing, the inquiry must be directed to the files and records of the case to ascertain whether or not they “conclusively show” that the prisoner is entitled to no relief. 28 U.S.C. § 2255. Sanders,…