POST CONVICTION RELIEF UNDER 28 U.S.C. § 2255 (FEDERAL PRISONERS)
After a defendant in a federal criminal case has been convicted and sentenced and has exhausted all their appeal rights, they may challenge the legality of their conviction and/or sentence via a Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255.
In order to challenge a federal conviction, a prisoner must be in custody under sentence of a federal court. If a person is no longer in custody, they may be able to still be able to vacate their conviction via a writ of error coram nobis. A 28 U.S.C. § 2255 motion must be filed in the district court where the prisoner was sentenced.
There are four grounds that justify habeas corpus relief for a federal prisoner. These grounds are:
That the sentence was imposed in violation of the U.S. Constitution or laws of the United States
That the court was without jurisdiction to impose such a sentence
That the sentence was in excess of the maximum authorized by law
That the sentence is otherwise “subject to collateral attack.”
Claims of ineffective assistance of counsel are very common in § 2255 proceedings. We know how to argue successful claims of ineffective assistance of counsel, and can assist you in presenting your claims for federal post conviction relief.