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

QUESTION(S) PRESENTED L. On the basisof 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 i: : the Assistant United States Attorney has committed fraud during a . § 2255 labeas:.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? 2. 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 makes:.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" ? 3. Under the Fifth Amendment, should a RuLes60 (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?