Julio Solis v. United States

OPINION OF THE COURT

ROSENN, Circuit Judge.

A request by a petitioner under 28 U.S.C. § 2255 for an evidentiary hearing under the District Court’s discretionary power is not unusual and not often granted. However, in this appeal, the petitioner presents a rare situation where he claims the right to a mandatory evidentiary hearing.

In September 1996, a federal grand jury in the District of New Jersey indicted Julio Solis on a one-count indictment charging him and four co-conspirators with conspiring to distribute more than 5 kilograms of cocaine in violation of 21 U.S.C. § 841(a) and 21 U.S.C. §…