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Watch a 2255 go wrong

Watch what happens when a 28 U.S.C. §2255 is successful.

A defendant named Handa filed his motion 5 years because of a landmark decision made by the Supreme Court altered how charges could be prosecuted.

What seemed like an initial win quickly turned out to be negative when it came time to be sentenced again. Handa couldn't fathom that he would get a LONGER prison term after a §2255 victory. Handa was wrong.

The appeals court published an opinion in the case district judges can, in fact re-sentence a term of prison consistent with the sentencing guidelines.

Talk to the PCR Consultants Team for more information on §2255 motions

Federal Habeas Appeals

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How we Do 2255 Appeals

How We Work

PCR Consultants is a document preparation company. We prepare solid, legally-sound documents that our clients can utilize to motion for all kinds of relief in the federal criminal justice system. Anything from §2255 appeals to Requests for Early Release from Probation.

We are not lawyers, and we are not a law firm. That means we don't represent our clients in court, and cannot file for them. What we do is write killer documents that will make the defendant HEARD by the district court, and include with them an application for the appointment of defense counsel.

Inmates are not guaranteed free defense attorney's as a right during the process of a §2255. This ipractice protects the federal defenders office from being inundated with work on appeals like this. Most of these types of motions that are filed have little to no merit, or are dismissed for various reasons (such as the ability to raise the issue on direct appeal or no standing to argue new constitutional law in a habeas proceeding).

However, once a judge accepts the request for an evidentiary hearing on a §2255 that is ruled to have actual merit, appointment of counsel is mandated (according to Federal Rules Governing §2255 Procedure 8(c)). Our service comes as a package deal, we write:

The originating motion, supplemented with the district's own forms (if it requires them);

A motion for an evidentiary hearing if the judge finds merit in the request;

A motion to proceed as indigent (In Forma Pauperis); and,

A motion for the appointment counsel if the motion for evidentiary hearing is granted.

If you would like to learn more about filing federal appeals, and what these motions can and cannot do, visit PCR Consultants for a full report.You can also give us a call at [phone] for a free, no obligation consultation regarding your questions about §2255 appeals.

The PCR Consultants Team www.PCR-Consultants.com [phone]

Federal Habeas Appeals

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Issues for 2255 Motions

Issues for 2255 Motions

There are way too many issues that could trigger a §2255 to be successfully argued and accepted by the sentencing, so we won't make a list here. However, anything from a sentence that goes above the statutory maximum allowed by law, or issues that should have been raised during the original prosecution by defense counsel, but was not, are all covered under the §2255 umbrella.

With that out of the way, one of the triggers that is most often used for the basis of §2255 filings is the ineffective assistance of counsel.

**A Good Example**

One client we had in early 2017 was eligible and appropriate for a reduction in offense level points because he was a small piece in a large criminal fraud conspiracy. A “minor role” adjustment is ready and available in the Sentencing Guidelines Manual for defendants just like him. Unfortunately, this adjustment is applied very unevenly among districts around the country.

Our client's trail lawyer did not mention or fight for this adjustment, which would have been quite appropriate and would have shaved a year or more off of his sentence. So here is where a 2255 works well, and for the following reasons:

The client's trail lawyer failed to argue for this adjustment at original sentence, but should have, and was therefore ineffective;

The sixth amendment of the U.S. Constitution guarantees effective counsel, so this issues is a constitutional one, meaning a §2255 is the correct course;

The issue could not be brought up on direct appeal because it was not raised at the original sentencing hearing; and,

The issue is timely because, last year, the Sentencing Commission recognized that this adjustment was being applied unevenly between the districts and issued a clarifying amendment to encourage a more even application, triggering a “new evidence” type of claim for our client.

If you would like to learn more about filing federal appeals, and what these motions can and cannot do, visit PCR Consultants for a full report. You can also give us a call at [phone] for a free, no obligation consultation regarding your questions about §2255 appeals. The PCR Consultants Team www.PCR-Consultants.com [phone]

Motion to Vacate or Set Aside 2255

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FInd out about 28 USC 2255

How do I file a 2255 Motion Set Aside Sentence?

This could take an entire book to answer, but the question that needs to be answered first is, “Can and should I file a §2255?”

Again, this is a long answer, but it is just as important as how to file. A motion of this type is actually an appeal, without being a direct appeal. It is considered a collateral attack on the sentence of incarceration itself for constitutional problems.

First, only federal inmates may file one. The normal course of criminal cases in federal court involves a direct appeal. Second, when a direct appeal is ineffective, was never filed, doesn't have the ability to work, or simply doesn't meet the needs of the defendant, a §2255 is the way to go.

In order to be eligible to file one of these types of appeals, a few criteria need to be met:

Only incarcerated federal inmates may file;

Complaints cannot be made if they could have been made on direct appeal;

Complaints must be an attack on the sentence itself, and not raise issues related to confinement (such as RDAP acceptance, placement in halfway house, or holdings in Solitary/SHU);

If you would like to learn more about filing federal appeals, and what these motions can and cannot do, visit PCR Consultants for a full report. You can also give us a call at [phone] for a free, no obligation consultation regarding your questions about §2255 appeals. The PCR Consultants Team www.PCR-Consultants.com

Federal Appeals