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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.

September 30, 2022
Court Finds Immigration Ineffectiveness: Rodriguez

Rodriguez was charged by a grand jury with conspiracy to distribute and possess with intent to distribute methamphetamine and possession with intent to distribute methamphetamine, in violation of 21 U.S.C. 846, 841(a)(1). Rodriguez agreed to plead guilty to the conspiracy charge pursuant to a plea agreement. As is typical, the plea agreement contained a broad […]

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August 4, 2022
Partial 2255 Denial Reversed for Ineffective Assistance of Counsel

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 […]

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July 11, 2022
Amended 924(c) by First Step Act Applies to Resentencing: Ninth Circuit

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 […]

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June 30, 2022
Ninth Circuit: Use/Carrying Explosive Not Crime of Violence for 924(c) Purposes: Matthews

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 […]

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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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