What is the test for a section 2255 motionant to challenge a guilty plea based upon a violation of Rule 11?

MultiRegion, United States of America

The following excerpt is from U.S. v. Karlic, 116 F.3d 1487 (9th Cir. 1997):

"For a section 2255 movant to successfully challenge a guilty plea based upon a violation of Rule 11, he must establish that the violation amounted to a jurisdictional or constitutional error or that the violation resulted in a complete miscarriage of justice or in a proceeding inconsistent with the demands of fair procedure." United States v. Grewal, 825 F.2d 220, 222 (9th Cir.1987). A section 2255 movant "must also establish that he was prejudiced in that he was unaware of the consequences of his plea, and, if properly advised would not have pleaded guilty." See id.; see also United States v. Timmreck, 441 U.S. 780, 784 (1979).

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