Category: 2255

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 […]

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); […]

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 […]

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 […]

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

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.

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 […]