The following excerpt is from United States v. Edlin, Criminal Case No. 05CR836-MMA, Related Civil Case No. 13cv1480-MMA (S.D. Cal. 2013):
Defendant did not challenge his sentence on direct appeal. Generally, on collateral review, an individual may not assert claims of constitutional error that were not previously raised before the district court or on direct review. United States v. Mejia-Mesa, 153 F.3d 925, 929 (9th Cir. 1997). To obtain review of issues at this juncture that could have been raised on direct appeal, Defendant must show cause for his procedural default and actual prejudice resulting from the error. United States v. Frady, 456 U.S. 152, 167-68 (1982); United State v. Dunham, 767 F.2d 1395, 1397 (9th Cir. 1985).
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