What is the standard of review in a collateral attack upon a guilty plea?

MultiRegion, United States of America

The following excerpt is from Adams v. Peterson, 968 F.2d 835 (9th Cir. 1992):

The standard of review in a collateral attack upon a guilty plea [under 28 U.S.C. 2255] is entirely different from that on a direct appeal. In collateral proceedings the courts have held that a conviction will be vacated for a Rule 11 violation only if it amounts to "a fundamental defect which inherently results in a complete miscarriage of justice (citations omitted)." Carreon v. United States, 578 F.2d 176, 179 (7th Cir.1978).... On direct appeal, the rule generally applied is that "any noncompliance with Rule 11 is reversible error." McCarthy v. United States, 394 U.S. 459, 464 n. 9, 89 S.Ct. 1166, 1170 n. 9, 22 L.Ed.2d 418 (1969)....

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