Does section 2255 of the Criminal Code apply to a petition attacking "any aspect" of the guilty plea, conviction or sentence?

MultiRegion, United States of America

The following excerpt is from United States v. Flanders, No. 2:12-cr-363 TLN EFB P (E.D. Cal. 2018):

section 2255 petition attacking "any aspect of the guilty plea, conviction, or sentence . . . ." ECF No. 59 at 10 (emphasis added). The calculation of movant's advisory offense level plainly informed his sentence and is, consequently, an aspect of it. Additionally, this waiver necessarily extends to any claim that movant's counsel was ineffective at sentencing, whether by: failing to provide him with an interview before probation staff, failing to litigate inaccuracies in the guidelines calculations, failing to seek application of proposed guidelines amendments not yet in effect, or failing to motion for a continuance until after those guidelines amendments took effect. See United States v. Nunez, 223 F.3d 956, 959 (9th Cir. 2000) (holding that when appellant "waived his statutory right to appeal his sentence, he implicitly waived his right to argue ineffective assistance of counsel involving the sentencing issue on direct appeal, because an appeal that includes an ineffective assistance of counsel at sentencing argument is still an appeal from one's sentence.").2

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