What is the test for a motion alleging a due process violation in sentencing under Section 2255 of the Criminal Code?
MultiRegion, United States of America
The following excerpt is from U.S. v. Nercessian, 122 F.3d 1075 (9th Cir. 1997):
In order to show a due process violation in sentencing a petitioner must show that the challenged information is materially false or unreliable and demonstrably made the basis for the sentence. See Jones, 783 F.2d at 148C; Farrow v. United States, 580 F.2d 1339, 1359 (9th Cir.1978) (En banc) ("In the context of a 2255 proceeding, a motion must be denied unless it affirmatively appears in the record that the court based its sentence on improper information.") (emphasis omitted).
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