Court of Appeals for the Tenth Circuit July 25, 2007, No. 06-1071 (United States v. Saenz)

ORDER AND JUDGMENT*

MICHAEL W. McCONNELL, Circuit Judge.

Abel Saenz, a federal prisoner proceeding pro se, appeals the district court’s order denying his habeas corpus petition under 28 U.S.C. § 2255. Because we find that the district court abused its discretion in denying Mr. Saenz an evidentiary hearing, we reverse and remand.

BACKGROUND

Mr.