Whether the district court erred in denying an evidentiary hearing on petitioner's 28 U.S.C. § 2255 claim

QUESTIONS PRESENTED A. 28 U.S.C. § 2255 states that “Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to_no_ relief, the . court shall cause notice thereof to be served upon the United States attorney, grant a prompt hearing thereon, determine the issues and make findings : of fact and conclusions of law with respect thereto.” Here, the District Court’s primary reason for denying Petitioner’s claim was that “there is simply not enough evidence in the record to permit the Court to conclude that, but for her counsel’s errors, Movant would have pled guilty”, but not that the record conclusively shows that if Petitioner’s claims are true, she would nonetheless be entitled to no relief. Did the District Court for the Northern District of Georgia err in denying Petitioner’s request for an evidentiary hearing . : pursuant to 28 U.S.C. § 2255? B. The denial of an evidentiary hearing in a § 2255 proceeding is reviewed for an abuse of discretion. The Eleventh Circuit acknowledged that-the District | Court’s reasoning amounted to an abuse of discretion, stating that the District Court made “a misstatement because the question before the court was not whether there was enough evidence in the record to substantiate Jensen’s claims, but whether Jensen had pleaded sufficient facts that, if true, would show that she was prejudiced by her attorney’s deficient performance”; but then, in an unprecedented application of the harmless error rule, citing to inapplicable case law for support, the Eleventh Circuit completely disregarded the District Court’s abuse of discretion error and engaged inits own de novo analysis to determine whether the District Court’s dismissal was : appropriate, ultimately; making the exact same error. Did the Eleventh Circuit erroneously overlook and misapprehend the appropriate standard of review as to the sole issue of whether the District Court for the Northern District of Georgia erred in failing to hold an evidentiary hearing on : Petitioner’s ineffective assistance of counsel claim? 1 .