Opinion · Court of Appeals for the Fifth Circuit
United States v. Billy Ray Vaughn
955 F.2d 367
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1992-03-11
- Topic
- general
holding a challenge to a sentencing judge’s technical application of the sentencing guidelines may not be raised in a § 2255 proceeding | explaining that such claims include “[a] district court’s technical application of the Guidelines” | a nonconstitutional claim that could have been raised on direct appeal, but was not, may not be raised in a collateral proceeding | nonconstitutional claims, such as application of sentencing guidelines, may not be raised for first time on collateral review | error in technical application of sentencing guidelines not subject to collateral attack | technical application of Sentencing Guidelines does not raise constitutional issue
Citator
- Cited by
- 87 opinions
Vaughn argues to this Court only that the district court incorrectly increased his sentence under the Guidelines 1) because he discharged a firearm and 2) for obstruction of justice.
Relief under 28 U.S.C.A. § 2255 is reserved for transgressions of constitutional rights and for a narrow range of injuries that could not have been raised on direct appeal and would, if condoned, result in a complete miscarriage of justice. U.S. v. Capua, 656 F.2d 1033, 1037 (5th Cir.1981). Nonconstitutional claims that could have been raised on direct appeal, but were not, may not be asserted in a collateral proceeding. Id. Vaughn was sentenced within the Guideline range and did not appeal the sentence. A district court’s technical application of the Guidelines does not give rise to a constitutional issue. U.S. v. Lopez, 923 F.2d 47, 50 (5th Cir.), cert. denied, — U.S. —, 111 S.Ct. 2032, 114 L.Ed.2d 117 (1991).
Vaughn’s claim is not cognizable under the limited scope of relief available under 28 U.S.C.A. § 2255 because it is not of constitutional dimension, could have been raised on direct appeal, and there has been no showing as to why it was not.
AFFIRMED.