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Category: 2255 Appeals

Once a person has filed a 2255 motion (also known as a motion to set aside or correct a judgment of conviction) and been denied in the district court, they must file an appeal of the denial of that motion in order to continue fighting their case. A 2255 appeal follows a different track than a direct appeal does however.

May 9, 2022
Eleventh Circuit Reverses 2255 Based on Rehaif Claim:  Seabrooks

Facts:  In-time, first 2255 claimant alleges aiding and abetting instruction improper on 922(g) claim Seabrooks was charged with and found guilty of aiding and abetting a 922(g) claim, otherwise known as felon in possession of a weapon.  The testimony at trial indicated that a codendant broke into a car, stole objects and placed them into […]

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March 13, 2022
Fourth Circuit:  ACCA Enhancement Based on Non-Identified Predicates in PSR is Reversible Error: Benton

In the Benton case, the Court determined that “the district court relied on prior convictions that were not identified as predicates in Benton’s presentence report and of which he had no notice at sentencing.” FACTS:  Repeat Offender loses ACCA Challenge Post-Johnson Benton was charged with several charges including a felon in possession of a weapon […]

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November 7, 2020
Cuthbertson: Critical Decision Regarding Hobbs Act Robbery

In Cuthbertson, the 10th circuit reversed the denial of a 2255 based on an enhanced sentence due to a prior Hobbs Act Robbery Conviction. Several courts have made decisions surrounding Hobbs Act Robbery. The cumulative effects of these decisions are the curtailing of Hobbs Act Robberies being used to enhance sentencing in some courts. Cuthberston's […]

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