On the basis of a § 2254, a claim of fraud upon the court will have been reviewed by state courts prior to the Federal District Court level. However, a claim of fraud from a § 2255 habeas proceeding has not had any prior review. If it is alleged that the Assistant United States Attorney has committed fraud during a § 2255 habeas proceeding, is it an attack on the previous "resolution on the merits" to review the transcripts of the § 2255 hearing and use the true merits as evidence to prove the fraud?

The focus of a Rule 60 (d)(3) motion for fraud upon the Court is to expose fraud and return to the true merits of the case. If the Assistant United States Attorney make's a blanket statement, "All evidence in this case was legally obtained" and that statement is materially false, can unadjudicated facts, required to prove the statement false, be brought before the court without being said to raise a "new claim"?

Under the Fifth Amendment, should a Rule 60 (d)(3) Fraud upon the Court motion, filed by a sex offender, be held to a different standard of Law as compared to other criminal defendants?

whether-fraud-on-the-court-can-be-reviewed-in-a-§-2255-habeas-proceeding