What is the test for a claim under section 2255(a) of the Civil Code of Civil Procedure to be successful in a civil case?
MultiRegion, United States of America
The following excerpt is from United States v. Minjarez, 374 F.Supp.3d 977 (E.D. Cal. 2019):
28 U.S.C. 2255(a). Generally, only a narrow range of claims fall within the scope of 2255. United States v. Wilcox , 640 F.2d 970, 972 (9th Cir. 1981). The alleged error of law must be "a fundamental defect which inherently results in a complete miscarriage of justice." Davis v. United States , 417 U.S. 333, 346, 94 S.Ct. 2298, 41 L.Ed.2d 109 (1974).
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