Astorga v. Retirement Board

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “a claim cannot be raised for the first time in a § 2255 motion if it could have been raised at trial or on direct appeal”
• holding defendant defaulted claim that magistrate judge exceeded authority under Federal Magistrates Act and Article III by failing to raise issue on di- rect appeal or in § 2255 motion
• requiring § 2255 petitioner to demonstrate cause and prejudice to excuse procedural default of a claim of structural error
• \A claim cannot be raised for the first time in a § 2255 motion if it could have been raised at trial or on direct appeal.\
• “A claim cannot be raised for the first time in a § 2255 motion if it could have been raised at trial or on direct appeal.”
• “A claim cannot be raised for the first time in a § 2255 motion if it could have been raised at trial or on direct appeal.”

Source: CourtListener parenthetical corpus (CC0).