Every federal criminal defendant, no matter the charge, conviction, or sentence, may seek further review of his case in federal court by filing a motion to vacate his judgment under 28 U.S.C. § 2255. This statute provides a federal criminal defendant with the practical equivalent of a petition for a writ of habeas corpus. Through this process, a federal criminal defendant can seek relief if his conviction and sentence were imposed in violation of the United States Constitution or the laws of the United States, including that the district court was without jurisdiction to impose a sentence or that the sentence exceeded the maximum term authorized by law.
Generally speaking, the motion under section 2255 is the vehicle through which a federal criminal defendant can challenge the effectiveness of his trial lawyer or present newly discovered evidence. This procedural device can be a powerful tool for a person who has been convicted in federal court, even if he pled guilty.
Like a petition for a writ of habeas corpus from a conviction in state court, there are certain limitations on this procedure. First, the defendant must raise the federal constitutional claim in compliance with the applicable procedural rules. Second, the petition must be filed within one year of the date on which the federal conviction becomes final, which is generally the date on which his appeal is decided. The assistance of a qualified, knowledgeable, and thorough lawyer can be critical in having this motion properly prepared and filed in federal court. This notion is particularly true because a motion under this provision is heard and decided by the same judge who imposed the original sentence.
Our firm brings its considerable experience in litigating these motions for our clients. We will fearlessly face the difficult issues often raised in these situations, including ineffective assistance of counsel and prosecutorial misconduct. We know the rules and can navigate our way through the minefield so that our clients can have the benefit of this review.
