350
Opinion of Ginsburg, J.
"[W]hen all that is shown is a failure to comply with the formal requirements" of Rule 32(a), we held, "collateral relief is not available." Ibid. But we left open the question whether "[collateral] relief would be available if a violation of Rule 32(a) occurred in the context of other aggravating circumstances." Ibid.
Hill controlled our decision in United States v. Timmreck, 441 U. S. 780 (1979), where a federal prisoner sought collateral review, under § 2255, to set aside a conviction based on a guilty plea. The complainant in Timmreck alleged that the judge who accepted his plea failed to inform him, in violation of Rule 11 of the Federal Rules of Criminal Procedure, that he faced a mandatory postincarceration special parole term. We rejected the collateral attack, observing that the violation of Rule 11 was technical, and did not "resul[t] in a 'complete miscarriage of justice' or in a proceeding 'inconsistent with the rudimentary demands of fair procedure.' " Id., at 784, quoting Hill, 368 U. S., at 428. "As in Hill," we found it unnecessary to consider whether "[postconviction] relief would be available if a violation of Rule 11 occurred in the context of other aggravating circumstances." 441 U. S., at 784-785.
Reed's case similarly lacks "aggravating circumstances" rendering " 'the need for the remedy afforded by the writ of habeas corpus . . . apparent.' " Hill, 368 U. S., at 428, quoting Bowen v. Johnston, 306 U. S. 19, 27 (1939). Reed had two clear chances to alert the trial judge in open court if he indeed wanted his trial to start on or before August 25, 1993. He let both opportunities pass by. At the pretrial hearings at which the trial date was set and rescheduled, on June 27 and August 1, Reed not only failed to mention the 120-day limit; he indicated a preference for holding the trial after his release from federal imprisonment, which was due to occur after the 120 days expired. See supra, at 342. Then, on the 124th day, when it was no longer possible to meet Article
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