Underlying Case and 2255 Proceedings
Devonte Dillard is in federal prison with a firearm conviction and a Robbery Conviction. Dillard hired the office to investigate his case and find out what could be done for him. After communicating with the client and communicating with his family members, the office filed a 2255 motion explaining that Dillard’s previous attorney was ineffective in that they failed to notify the client about the right to appeal the court’s ruling.
Dillard’s 2255 Motion and Evidentiary Hearing
The government wrote a response to the 2255 Motion to Vacate. The court scheduled the matter for an evidentiary hearing. At the evidentiary hearing, Dillard’s former lawyer explained that while she let Dillard’s mother know about the way to appeal, former counsel did not explain the right to appeal to Dillard himself. Further, during the hearing, attorney Jeremy Gordon explained that there would have been possible meritorious grounds while on appeal based on recent caselaw at the time. Ultimately, the court agreed that Dillard’s former counsel was ineffective and allowed Dillard the right to file an appeal.
Impact of United States vs. Davis on Dillard’s case
While all of this was happening, United States vs. Davis was decided by the Supreme Court. Davis meant that Dillard’s firearm conviction was no longer valid. It was struck down as unconstitutionally vague and Dillard was granted the right to be resentenced.
Due to the pandemic, Dillard had the opportunity to do his resentencing online via teleconference. However, both Dillard and Jeremy Gordon rejected this offer. This is what Jeremy had to say:
We’ve had several of these resetnencing cases during the pandemic. For most of them we have had the option to have the resentencing hearing either online or in person. We always want the hearings to be in person whenever possible. Many of our clients agree.
We want the judge to look our client in the eye and recognize their basic humanity. These guys aren’t just numbers, they are people with sons and daughters. And that needs to be respected and acknowledged.
At the in-person resentencing, Jeremy and Mr. Dillard explain to the judge that Dillard engaged in substantial rehabilitation, including parenting classes and promotions in working the commissary unit. Dillard also discussed how he became infected with COVID-19.
Ultimately the judge reduced Dillard’s sentence from 20 years down to 10 years.
Throughout the litigation, attorney Jeremy Gordon was in communication with Mr. Dillard and his mother, explaining the law, trading favorable cases between each other, and going over strategy.
If you have a loved one that is facing resentencing please do not delay. Call the Law Office of Jeremy Gordon today at 972-483-4865 or fill out the contact form below.