EDWIN P. SCHNEIDER, APPELLANT,
v.
UNITED STATES OF AMERICA, APPELLEE
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The court held that a claim for a sentence decrease based on lawful sporting purposes is not cognizable in a section 2255 motion if it could have been raised on direct appeal.
Schneider was convicted of being a felon in possession of a firearm. He previously appealed, arguing for a departure under U.S.S.G. § 5K2.0, which was…
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PER CURIAM.
Edwin P. Schneider appeals an order of the district court1 dismissing his 28 U.S.C. § 2255 motion to vacate, set aside, or correct his sentence. We affirm.
Schneider was convicted upon a plea of guilty to being a felon in possession of a firearm in violation of 18 U.S.C. §§ 922(g) and 924(a)(2). He argued on appeal that the district court erred in not granting him a departure under U.S.S.G. § 5K2.0 (1988). We affirmed. United States v. Schneider, 948 F. 2d 1074 (8th Cir.1991).
Schneider now argues in this section 2255 proceeding that he was entitled to a six-level decrease in his base offense level under U.S.S.G. § 2K2.1(b)(l) (1989) (renumbered in 1991 as section 2K2.1(b)(2)) because he possessed the firearms for lawful sporting purposes and collection. This argument is not cognizable in this proceeding because it could have been raised on direct appeal and was not. See United States v. Smith, 843 F. 2d 1148, 1149 (8th Cir.1988) (per curiam) (section 2255 relief not available to correct errors that could have been raised on direct appeal unless errors are fundamental defects causing miscarriage of justice).
Accordingly, we affirm.
. The Honorable David R. Hansen, then United States District Judge for the Northern District of Iowa, now United States Circuit Judge.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- United States v. Smith, 843 F.2d 1148 (8th Cir. 1988)
- United States v. Schneider, 948 F.2d 1074 (8th Cir. 1991)