• U.S. District Court
  • 3:12cv343
  • Oct 11 2013 (Date Decided)
  • Covello, J.
A "collateral attack on a final judgment in a criminal case is generally available under §2255 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,' " pursuant to Graziano v. U.S., a 1996 decision of the 2nd Circuit.

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