Just What Is A Federal 2255 Petition (or Writ)?
The federal 2255 petition may be filed by a person who is in federal custody to challenge their federal criminal conviction and/or sentence.
28 U.S. Code § 2255 provides that it may be used to raise claims that your sentence or conviction was unauthorized under any law of the United States.
Attorney Jacob Blizzard is recognized by the State Bar of Texas Board of Legal Specialization as a criminal appeal and criminal law specialist. Jacob is also Capital Murder Appellate List Qualified, Texas 7th Judicial Region.
Jacob’s practice in US federal court includes:
- Direct appeals following a conviction, petition for discretionary review to the Texas Court of Criminal Appeals.
- Post-conviction writs of habeas corpus under Texas Code of Criminal Procedure 11.07.
- Arguing cases in oral argument before the Texas Court of Appeals.
Jacob has extensive appeal, criminal defense, and appellate court experience in the Texas state and United States federal courts.
Contact the law offices of Blizzard and Zimmerman Attorneys to schedule a review of your federal case and potential appeal today.
Online Resources To Learn More About The 2255
Jacob has created a series of videos to help understand the Federal 2255 process and these may be viewed on our YouTube Channel – Freedom from Federal Prison at https://www.youtube.com/channel/UC6qa0wlYQxGN7WyF90Gh4Vg. We have also created an online Facebook community for those with loved one’s in prison to learn more about the 2255 petition at https://www.facebook.com/groups/winningfreedomfromfederalprison where loved one’s can share, discuss, support each other in their efforts to seek their loved ones freedom from federal prison.
28 U.S. Code § 2255 – Federal Custody; Remedies on Motion Attacking Sentence
(a) A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.
(b) Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the United States attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto. If the court finds that the judgment was rendered without jurisdiction, or that the sentence imposed was not authorized by law or otherwise open to collateral attack, or that there has been such a denial or infringement of the constitutional rights of the prisoner as to render the judgment vulnerable to collateral attack, the court shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate.
(c) A court may entertain and determine such motion without requiring the production of the prisoner at the hearing.
(d) An appeal may be taken to the court of appeals from the order entered on the motion as from a final judgment on application for a writ of habeas corpus.
(e) An application for a writ of habeas corpus in behalf of a prisoner who is authorized to apply for relief by motion pursuant to this section, shall not be entertained if it appears that the applicant has failed to apply for relief, by motion, to the court which sentenced him, or that such court has denied him relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his detention.
(f) A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of—
(1) the date on which the judgment of conviction becomes final;
(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;
(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.
(g) Except as provided in section 408 of the Controlled Substances Act, in all proceedings brought under this section, and any subsequent proceedings on review, the court may appoint counsel, except as provided by a rule promulgated by the Supreme Court pursuant to statutory authority. Appointment of counsel under this section shall be governed by section 3006A of title 18.
(h) A second or successive motion must be certified as provided in section 2244 by a panel of the appropriate court of appeals to contain—
(1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or
(2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.
(June 25, 1948, ch. 646, 62 Stat. 967; May 24, 1949, ch. 139, § 114, 63 Stat. 105; Pub. L. 104–132, title I, § 105, Apr. 24, 1996, 110 Stat. 1220; Pub. L. 110–177, title V, § 511, Jan. 7, 2008, 121 Stat. 2545.)
U.S. Code Title 28 Part VI Chapter 153-Habeas Corpu Sec. 2255 – Federal custody; remedies on motion attacking sentence
Blizzard and Zimmerman Attorneys work hard to protect the rights of all of our clients nationwide acting as your advocate throughout the federal criminal process.
We urge you to speak with us as soon as possible so you may get the experienced legal advice you need.
Put our team of federal criminal appeal attorneys to work for you. We can provide you with the sentencing, prison, or appeal help you need, contact us today.