Question
Part B: The trial court sentenced Smith well within the statutory limits. Therefore, the sentence is legal. The record thoroughly, clearly, and positively shows
Part B: The trial court sentenced Smith well within the statutory limits. Therefore, the sentence is legal. The record thoroughly, clearly, and positively shows that Smith and his attorney have ample time to thoroughly review Smiths' sentence report prior to sentencing. They did so and had: "no problems with it." It is shown by the record that Smith never appealed his conviction or sentence. His section 2255 Motion were his first and only attempt to challenge his sentence. Any objections to the sentence report as submitted were clearly waived by Smith. The defendant have the responsibility to advise the Court of any claimed errors in the sentence report. His failure to voice any objections waive any issue not properly presented. It has been long held by this court that "Section 2255 is not available to test the legality of matters which should have been raised on appeal." Unless good cause can be shown why a defendant did not appeal or raise a particular issue on appeal; the defendant is barred from raising that issue in a section 2255 Motion.
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