Can a federal prisoner seeking relief from a custodial sentence under section 2255 of the Criminal Code seek to vacate, set aside or correct the sentence?

MultiRegion, United States of America

The following excerpt is from White v. United States, Civil No.: 3:15-CV-02202-GPC, Criminal No.: 3:13-CR-0491-GPC-4 (S.D. Cal. 2016):

Section 2255 provides that a federal prisoner seeking relief from a custodial sentence "may move the court which imposed the sentence to vacate, set aside or correct the sentence" on "the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack[.]" 28 U.S.C. 2255(a). To warrant relief under 2255, a prisoner must allege a constitutional, jurisdictional, or otherwise "fundamental defect which inherently results in a complete miscarriage ofjustice [or] an omission inconsistent with the rudimentary demands of fair procedure." United States v. Timmreck, 441 U.S. 780, 783-84 (1979) (internal citation and quotation marks omitted). "Errors of law which might require reversal of a conviction or sentence on appeal do not necessarily provide a basis for relief under 2255." United States v. Wilcox, 640 F.2d

Page 4

970, 973 (9th Cir. 1981).

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