Robert J. Marshall v. United States

The majority opinion holds that Marshall’s attack upon the validity of his sentence, based upon the Government’s failure to comply with the procedural requirements of 18 U.S.C. § 3575, is not cognizable in a Section 2255 petition. The holding is inconsistent with the language of Section 2255, and the rationale is based upon a misreading of Davis v. United States (1974) 417 U.S. 333, 94 S.Ct. 229, 41 L.Ed.2d 109 and Hill v. United States (1962) 368 U.S. 424, 82 S.Ct. 468, 7 L.Ed.2d 447. Even if there were doubt about the applicability of Section 2255, the refusal of the majority to treat the…