Can a defendant in a federal criminal case collaterally challenge his conviction or sentence?
MultiRegion, United States of America
The following excerpt is from United States v. Garcia-Cruz, Case No.: 96cr1908-MMA (S.D. Cal. 2017):
If a defendant in a federal criminal case collaterally challenges his conviction or sentence, he must do so pursuant to Title 28, section 2255. Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir. 1988). A court may grant relief to a defendant who challenges the imposition or length of his incarceration on the ground that: (1) the sentence was imposed
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