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U.S. v. Vaughn

United States Court of Appeals, Fifth Circuit
Mar 11, 1992
955 F.2d 367 (5th Cir. 1992)

Summary

holding that non-constitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding

Summary of this case from U.S. v. Saikaly

Opinion

No. 91-1589 Conference Calendar.

March 11, 1992.

Billy Ray Vaughn, pro se.

Alfred E. Moreton, III, Robert O. Whitwell, U.S. Atty., Oxford, Miss., for plaintiff-appellee.

Appeal from the United States District Court for the Northern District of Mississippi, Glen H. Davidson, Judge.

Before GARWOOD, HIGGINBOTHAM, and SMITH, Circuit Judges.


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.


Summaries of

U.S. v. Vaughn

United States Court of Appeals, Fifth Circuit
Mar 11, 1992
955 F.2d 367 (5th Cir. 1992)

holding that non-constitutional claims that could have been raised on direct appeal may not be asserted in a collateral proceeding

Summary of this case from U.S. v. Saikaly

holding that a district court's technical application of the Sentencing Guidelines does not give rise to a constitutional issue or a claim for relief cognizable under 28 U.S.C. § 2255

Summary of this case from Givs v. United States

holding that the district court's application of the Sentencing Guidelines does not give rise to a claim cognizable under § 2255

Summary of this case from U.S. v. Salazar

holding that a district court's application of the Sentencing Guidelines does not give rise to a claim cognizable under § 2255

Summary of this case from U.S. v. Robinson

holding that the District Court's application of the Sentencing Guidelines does not give rise to a claim cognizable under § 2255

Summary of this case from U.S. v. Esquivel-Cerda

holding that an error in technical application of sentencing guidelines was not subject to collateral attack

Summary of this case from Kirkeby v. U.S.

holding that a district court's technical application of the Guidelines does not give rise to a constitutional issue

Summary of this case from U.S. v. Rowland

finding that error in application of Sentencing Guidelines does not constitute "complete miscarriage of justice" meriting review under Section 2255 where defendant failed to raise claim on direct appeal

Summary of this case from Graziano v. U.S.

finding that error in application of Sentencing Guidelines does not constitute "complete miscarriage of justice" meriting review under § 2255 where defendant failed to raise claim on direct appeal

Summary of this case from Sadio v. United States

explaining that a claim concerning a district court's technical application of the Sentencing Guidelines presents a non- constitutional issue that must be raised on appeal, but does not state a cognizable claim for review under 28 U.S.C. § 2255

Summary of this case from United States v. Babatunde

explaining that " district court's technical application of the Guidelines does not give rise to a constitutional issue" and that "[n]on-constitutional claims that could have been raised on direct appeal, but were not, may not be asserted in a proceeding"

Summary of this case from Beltran v. United States

In U.S. v. Vaughn, 955 F.2d 367, 368 (5th Cir.1992), the Fifth Circuit held that the technical application of the Sentencing Guidelines does not give rise to constitutional issues.

Summary of this case from United States v. Wilson

noting that § 2255 relief can only address 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"

Summary of this case from Sanchez-Beltran v. U.S.

In United States v. Vaugn, 955 F.2d 367 (5th Cir. 1992), the Fifth Circuit stated that a "district court's technical application of the Guidelines does not give rise to a constitutional issue."C.

Summary of this case from Davis v. U.S.
Case details for

U.S. v. Vaughn

Case Details

Full title:UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. BILLY RAY VAUGHN…

Court:United States Court of Appeals, Fifth Circuit

Date published: Mar 11, 1992

Citations

955 F.2d 367 (5th Cir. 1992)

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