Whether the Fifth Circuit erred in holding that Rodriguez's erroneous sentence enhancement as a career offender was not a miscarriage of justice entitling him to post-conviction relief

QUESTION PRESENTED FOR REVIEW Whether the Fifth Circuit erred in holding that Rodriguez’s erroneous sentence enhancement as a career offender, which increased his sentence from 135 months to 262 months, was not a miscarriage of justice entitling him to post-conviction relief, given that Rodriguez incorrectly filed a motion pursuant to 28 U.S.S. § 2255 instead of a petition for certiorari after having his request for counsel denied?