What is the test for making a claim of constitutional error or lack of jurisdiction in a section 2255 proceeding?
MultiRegion, United States of America
The following excerpt is from U.S. v. Hughes, 981 F.2d 1260 (9th Cir. 1992):
Claims of constitutional error or lack of jurisdiction may be freely raised in a section 2255 proceeding. United States v. Addonizio, 442 U.S. 178, 185 (1979). Claims of non-constitutional errors of law or fact, however, may be raised only if the alleged error is a fundamental defect that renders the entire proceeding irregular and invalid or results in a complete miscarriage of justice. Id. at 185-86.
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