Category: 2255 Appeals

Partial Denial of 2255 is reversed by the Eleventh Circuit due to ineffective assistance of counsel for Hesser. Case History In 2013, Hesser went to trial on three counts of tax fraud, in violation of 18 U.S.C. 287.  He also had one count of tax evasion, in violation of 26 U.S.C. 7201. A jury convicted […]

Resentencing in three consolidated appeals may use the Amended 924(c) statute as remanded by the Ninth Circuit Court.  United States v. Merrell, No. 20-30183, 20-30189, 21-30043 (9th Cir. 2022) Appeals Process with 924(c) Convictions This case involves three consolidated appeals involving resentencing.  Each defendant had been resentenced following a successful 28 U.S.C. 2255 motion based […]

United States v. Matthews, 19-56110 (9th Cir.) Matthews was convicted of maliciously damaging or destroying property by means of an explosive, in violation of 18 U.S.C. 844(i); and carrying a firearm during a crime of violence, in violation of 18 U.S.C. 924(c). Per statute, an explosive device qualifies as a “firearm” under 924(c), and required […]

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 […]

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 […]

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 […]