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· 12/27/1995

United States v. William Bokun

Citations

  • 73 F.3d 8
  • 1995 U.S. App. LEXIS 36865
  • 1995 WL 762892

How courts have described this case

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

  • holding that habeas petitioner must show “an error of law or fact that constitutes ‘a fundamental defect which inherently results in a complete miscarriage of justice’” (quoting Hill v. United States, 368 U.S. 424, 428 (1962))
  • noting that the subjective intent of the sentencing judge does not constitute a fundamental defect allowing collateral review
  • holding that habeas petitioner must show \an error of law or fact that constitutes 'a fundamental defect which inherently results in a complete miscarriage of justice' \ (quoting Hill v. United States , 368 U.S. 424 , 428, 82 S.Ct. 468 , 7 L.Ed.2d 417 (1962) )
  • noting that relief under section 2255 is available “only for a constitutional error, a lack of jurisdiction in the sentencing court, or an error of law or fact that constitutes a fundamental defect which inherently results in a complete miscarriage of justice”
  • explaining a proper objection is one “that is sufficiently specific to focus the district court’s attention on the factual and legal issues that are truly in dispute”
  • “Petitioner’s 240-month sentences on Counts One and Two . . . are neither violative of law nor suggestive of any miscarriage of justice.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Lumbard, Van Graafeiland

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.