Does Section 2255 of the Criminal Code allow for collateral relief when all that is shown is a failure to comply with the formal requirements of a rule of criminal procedure?

MultiRegion, United States of America

The following excerpt is from Del Vecchio v. U.S., 556 F.2d 106 (2nd Cir. 1977):

This is not to say, however, that every asserted error of law can be raised on a 2255 motion. In Hill v. United States, 368 U.S. 424, 429, 82 S.Ct. 468, 7 L.Ed.2d 417 (1962), for example, we held that "collateral relief is not available when all that is shown is a failure to comply with the formal requirements" of a rule of criminal procedure in the absence of an indication that the defendant was prejudiced by the asserted technical error. We suggested that the appropriate inquiry was whether the claimed error of law was "a fundamental defect which inherently results in a complete miscarriage of justice," and whether "(i)t . . . present(s) exceptional circumstances where the need for the remedy afforded by the writ of habeas corpus is apparent." Id., at 428, 82 S.Ct. 468 (internal quotation marks omitted).

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