· 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 CourtListenerSourced 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.