628
Opinion of Stevens, J.
terion for collateral review that it mentions is that the error must be jurisdictional or constitutional.2
Decisions of this Court that do not involve guilty pleas are not controlling. For example, in United States v. Frady, 456 U. S. 152 (1982), two of the Court's reasons for dismissing the § 2255 claim alleging that the jury instructions were erroneous are not present in this case. First, the defendant failed to object to the jury instructions—as required by Federal Rule of Criminal Procedure 30—before the jury retired to consider its verdict; no comparable Rule applies to petition-er's claim. Second, as the Court emphasized by quoting from both United States v. Addonizio, 442 U. S. 178, 184-185 (1979), and Henderson v. Kibbe, 431 U. S. 145, 154 (1977), the prejudice to the defendant was not sufficient to warrant relief under § 2255; that is plainly not the case with respect to this petitioner. Similarly, in Davis v. United States, 411 U. S. 233, 242 (1973), there was a failure to comply with Fed-2 As we explained: "In Hill v. United States, 368 U. S. 424, the Court was presented with the question whether a collateral attack under § 2255 could be predicated on a violation of Fed. Rule Crim. Proc. 32(a), which gives the defendant the right to make a statement on his own behalf before he is sentenced. The Court rejected the claim, stating: 'The failure of a trial court to ask a defendant represented by an attorney whether he has anything to say before sentence is imposed is not of itself an error of the character or magnitude cognizable under a writ of habeas corpus. It is an error which is neither jurisdictional nor constitutional. It is not a fundamental defect which inherently results in a complete miscarriage of justice, nor an omission inconsistent with the rudimentary demands of fair procedure. . . .' 368 U. S., at 428." United States v. Timmreck, 441 U. S. 780, 783 (1979). The Timmreck Court went on to hold that "[t]he reasoning in Hill is equally applicable to a formal violation of Rule 11" because "[s]uch a violation is neither constitutional nor jurisdictional," and the error did not "resul[t] in a 'complete miscarriage of justice' or in a proceeding 'inconsistent with the rudimentary demands of fair procedure.' Respondent does not argue that he was actually unaware of the special parole term or that, if he had been properly advised by the trial judge, he would not have pleaded guilty. His only claim is of a technical violation of the Rule." Id., at 783-784.
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