Supreme Court of the United States

Daniels v. United States — Scalia, J., concurring

April 25, 2001532 U.S. 374

Summary

Justice Scalia concurs in part, agreeing that 28 U.S.C. § 2255 does not permit inquiry into whether a conviction used to enhance a federal sentence was unconstitutionally obtained, save for Gideon violations. He rejects the Court's speculation that rare exceptions might exist based on unavailability of review. Scalia would instead rely on the statute's text and Custis v. United States to deny relief.