Fernandez v. United States · ¶29
Collateral attacks on federal convictions are governed by 28 U. S. C. § 2255, which imposes tight procedural constraints. It carries a one-year statute of limitations. §2255(f). With very narrow exceptions, a prisoner gets only one shot at collateral relief. §§ 2255(h)(1)–(2). Claims that have already been raised and rejected on direct review typically cannot be relitigated in § 2255 motions. See Kaufman v. United States, 394 U. S. 217, 227, n. 8 (1969); Reed v. Far ley, 512 U. S. 339, 358 (1994) (Scalia, J., concurring in part and concurring in judgment). And claims not raised on direct review are procedurally defaulted unless the prisoner can demonstrate “ `cause' ” and “ `prejudice,' ” or else actual innocence. Bousley v. United States, 523 U. S. 614, 622 (1998). If the prisoner clears these procedural hurdles, he must demonstrate that the applicable substantive law entitles him to…Read in context ›
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