Strom v. United States

1 Citing case

  1. Bernardez v. United States

    Criminal Action No. 1:09-cr-216 (E.D. Va. Aug. 18, 2017)   Cited 2 times

    But even if Petitioner's statutory construction claim on direct appeal is not effectively the same as his Double Jeopardy claim on collateral review, the Double Jeopardy claim is still procedurally defaulted because it could have been raised on direct appeal and was not. See Strom v. United States, No. 1:12CR159 (JCC), 2017 WL 2444356, at *4 (E.D. Va. June 6, 2017) ("For a claim to be viable through a ยง 2255 petition, it must first be raised on direct appeal.") (quoting Brooks v. United States, 2007 WL 2688228, at *2 (E.D. Va. Sept. 5, 2007)).