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Category: 2255

After your case review we will file all possible motions and appeals to have your loved one’s sentence reduced or vacated. If your loved one faces an unfair conviction, then a motion to vacate the conviction or sentence may offer a chance to get them out of jail, and back with their family.

February 3, 2024
Ineffective Assistance of Counsel for Failing to Consult With a Client After Sentencing:  Tighe, No. 22-50332

Sentencing can be one of the most stressful times in a persons life. A person goes form being a defendant to finally convicted of the offense and they get sentenced. In my experience, things happen very fast as well; the parties make their arguments, the defendant makes their allocution, the judge pronounces sentence and then […]

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March 17, 2023
Law Office of Jeremy Gordon Secures Time Served Order Following Successful 2255 Motion: Wright

United States v. Wright, No. 4:12-cr-197 (N.D. Okla.) In 2013, Wright pled guilty to conspiracy to commit Hobbs Act robbery, in violation of 18 U.S.C. 1951; attempted Hobbs Act robbery, in violation of 18 U.S.C. 1951 and 2; possession of a firearm in furtherance of a crime of violence, in violation of 18 U.S.C. 924(c); […]

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September 30, 2022
Courts Consider Ineffective Assistance of Counsel Claims

Cases involving Ineffective Assistance of Counsel Cannady:  Ineffective assistance of counsel proven when, after case remanded for new trial, counsel failed to bring forth new case available on remand that would make client no longer a career offender. Hughes:  Ineffective assistance of counsel proven in 2254 motion when lawyer failed to interview witnesses that would […]

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February 19, 2022
Eighth Circuit Rules on Out of Time 2255 case: Jackson

The Eighth Circuit delivers the end to a cautionary tale about pro-se 2255 filings in Jackson. Facts: 2255 filed by pro se filer after the deadline Jackson was found guilty of conspiracy to distribute methamphetamine and possession of methamphetamine with intent to distribute and was sentenced to 330 months. His appeal was affirmed and his […]

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January 21, 2022
Eleventh Circuit: One Year is One Year for 2255 Filings

The Eleventh Circuit Ruled on a 2255 timeliness issue in the Fowler case

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July 30, 2021
Failing to Ask for Variance can Serve as Ineffective Assistance of Counsel: Thomas

The failure to ask for a downward variance due to a pending deportation when the PSI gave clues to its viability serves as a reminder to all.

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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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