Federal § 2255 motions
Something went wrong in a federal case. A § 2255 motion may fix it
Convicted in federal court? A § 2255 motion asks the judge to fix an unlawful conviction or sentence.
- Federal cases only
- Nationwide
A § 2255 motion asks the judge who imposed the sentence to vacate or correct it — for example, because the defense lawyer made a serious mistake, the sentence is longer than the law allows, or the law has changed since the conviction.
Watch the one-year deadline. For most people, the year starts when the conviction becomes final: usually 14 days after the judgment if there was no appeal, or 90 days after the appeals court rules if there was one. A late motion is usually dismissed. 28 U.S.C. § 2255(f).
What happens when you book
- Send a short formTell us briefly about the case on our contact page.
- We contact youWe reach out to set a time for the consultation.
- Talk with Brandon SampleGo over what happened in the case, the deadlines and your options.
What is a 2255 motion?
A § 2255 motion is the main way a person already convicted in federal court asks that court to undo the conviction or sentence (28 U.S.C. § 2255). You file this written request in the court that imposed the sentence. The statute calls that request a motion to vacate, set aside, or correct the sentence. It is not a second appeal. It is a new filing that says something went wrong that the appeal could not fix.
The statute allows four grounds (28 U.S.C. § 2255(a)):
- the sentence was imposed in violation of the Constitution or federal law;
- the court had no jurisdiction to impose the sentence;
- the sentence is longer than the maximum the law allows; or
- the sentence is otherwise subject to collateral attack.
Two limits shape every case. First, there is a one-year deadline (28 U.S.C. § 2255(f)). Second, most people get one full motion. A second or successive motion needs permission from the court of appeals, and only for strong new evidence of innocence or a new constitutional rule the Supreme Court has made retroactive (28 U.S.C. § 2255(h)). See the grounds for a § 2255 motion and how to file one.
How long do you have to file a 2255 motion?
Federal law sets a one-year period to file a § 2255 motion (28 U.S.C. § 2255(f)). The statute lists more than one possible start date. The start date is not the same for every person.
For most people, the year starts when the conviction becomes “final.” If there was no appeal, that is usually 14 days after the judgment was entered, when the time to appeal ran out (Fed. R. App. P. 4(b)(1)(A)). If there was an appeal but no petition to the Supreme Court, it is 90 days after the appeals court’s judgment, when the time to ask the Supreme Court ran out (Clay v. United States, 537 U.S. 522 (2003); Sup. Ct. R. 13.1).
The year can start later in three situations: the government illegally blocked the filing, the Supreme Court recognized a new right that applies to old cases, or the facts behind the claim could not have been found sooner with reasonable effort. A motion filed even one day late can be thrown out, so count carefully. See the statute of limitations page.
What to do this week: write down the date the judgment was entered and the date of any appeals-court decision, find the case (docket) number, and gather the judgment, the plea agreement and the presentence report (PSR — the probation office’s sentencing report) if you have them. Don’t discuss the case on regular prison phones or prison email. The Bureau of Prisons (BOP) can monitor those calls; only a properly arranged call with a lawyer is not monitored (28 C.F.R. § 540.102).
Where should you start?
Each page below explains one part of a § 2255 case. If you are worried about time, start with the one-year deadline.
I. An Overview of Section 2255
II. Timing Issues
- You Must be “In Custody” to File a Section 2255 Motion
- Section 2255 Motions: The Statute of Limitations
- Equitable Tolling Applies to the Section 2255 Statute of Limitations
- Actual Innocence Can Overcome the Section 2255 Statute of Limitations
- Section 2255(f)(3): A Newly Recognized Right Restarts the One-Year Clock
- Section 2255(f)(4): Newly Discovered Evidence Restarts the One-Year Clock
- Section 2255 Exhaustion Issues
III. Cognizable Claims
- Cognizable Claims: Overview
- Cognizable Claims: The Court Lacked Jurisdiction
- Cognizable Claims: The Conviction or Sentence Violates the Constitution
- Brady Violations: Withheld Evidence in Federal Cases
- Cognizable Claims: Ineffective Assistance of Counsel
- Strickland v. Washington (1984): The Two-Prong Test
- Ineffective Assistance of Counsel: Pretrial
- Ineffective Assistance of Counsel: Trial
- Ineffective Assistance of Counsel: Sentencing
- Ineffective Assistance of Counsel: Appeal
- Cognizable Claims: The Conviction or Sentence Violates Federal Law
- Cognizable Claims: The Conviction or Sentence is Otherwise Subject to Collateral Attack
IV. Litigation of a Section 2255 Motion
- Preparing for a Section 2255 Motion
- Section 2255 Litigation: The Initial Motion
- Section 2255 Litigation: Post-Filing Proceedings
- Section 2255 Litigation: Amending the Motion
- Section 2255 Litigation: Expanding the Record
- Section 2255 Litigation: Discovery
- Section 2255 Litigation: The Evidentiary Hearing
- Section 2255 Litigation: Resolution by Magistrate
- Rules Governing Section 2255 Proceedings Explained
V. Post-Judgment Issues
See the 2255 motion process step by step, or book a consultation.
Latest news
All newsBarrett v. United States: One Act Cannot Bring Two Convictions Under § 924(c) and § 924(j)
The Court held Congress did not clearly authorize convictions under both 18 U.S.C. § 924(c)(1)(A)(i) and § 924(j) for a single act.
Bowe v. United States: Successive § 2255 Rules Are Not the Same as State Habeas Rules
The Court held that 28 U.S.C. § 2244(b)(1)'s bar on repeat claims does not apply to federal prisoners' successive § 2255 motions.
Hewitt v. United States: Resentencing After Vacatur Gets First Step Act Benefits
The Court held that when an old § 924(c) sentence is vacated, the First Step Act's lower penalties apply at the new sentencing.
Federal 2255 and habeas corpus lawyer
Criminal Center handles § 2255 motions and other federal habeas corpus matters for people convicted in federal court, nationwide. We handle federal cases only.
- We review the case, the record and the deadline.
- We investigate facts outside the record, such as what prior counsel did or did not do.
- We draft and file the motion, the supporting declarations and the reply.
- We handle the evidentiary hearing, if the court holds one, and the appeal.
Every case is different, and no lawyer can promise a result. Book a consultation and tell us what happened.
Who do you reach when you book?
You reach Criminal Center, which runs this site. Criminal Center is a federal criminal defense firm. We handle federal cases nationwide, and only federal cases.
Email help@criminalcenter.com.
Brandon Sample practices federal criminal law nationwide, with years of hands-on experience in federal courts.
Is a § 2255 motion the right tool?
If you or someone you love was convicted in federal court, you’re in the right place.
A § 2255 motion is for a person sentenced by a federal court, which is a court Congress created (28 U.S.C. § 2255(a)). It is not the motion used for a state-court conviction.
What does this site cover?
2255motion.com is run by Criminal Center. It explains 28 U.S.C. § 2255 motions in plain terms for people in federal custody and their families.
A § 2255 motion is a “collateral attack.” That means it challenges the conviction or sentence in a separate proceeding, after the criminal case and any direct appeal are over. It is filed apart from the appeal, not as part of it.
What is a 2255 motion in federal court?
It is a motion filed in the federal district court that imposed the sentence, asking that court to vacate, set aside or correct it (28 U.S.C. § 2255(a)). It is filed in the criminal case, after the direct appeal is over or the time to appeal has passed, and it is decided by a district judge, usually the judge who sentenced you.
It is only for federal sentences. A person convicted in a state court uses a different statute.
What is 28 U.S.C. § 2255?
28 U.S.C. § 2255 is the federal statute that lets a person in custody under a federal sentence ask the sentencing court to vacate, set aside or correct that sentence. Congress enacted it in 1948 so these challenges would go to the sentencing court instead of the court where the prisoner is held (United States v. Hayman, 342 U.S. 205 (1952)).
The statute sets the grounds (§ 2255(a)), when a hearing is required (§ 2255(b)), the one-year deadline (§ 2255(f)) and the limits on a second motion (§ 2255(h)). Read the text of 28 U.S.C. § 2255.
What is a writ of habeas corpus?
Habeas corpus is an old court order that makes the government explain why it is holding someone. For people serving a federal sentence, § 2255 does the same job. Instead of suing the warden, you file a motion in the court that sentenced you (United States v. Hayman, 342 U.S. 205 (1952)).
The motion can challenge a sentence that was imposed in violation of the Constitution or federal law, imposed by a court that had no jurisdiction, longer than the law allows, or otherwise subject to collateral attack (28 U.S.C. § 2255(a)).
A § 2255 motion works very differently from a trial or an appeal. It has common-law roots that go back several centuries. The rules got much stricter with the Antiterrorism and Effective Death Penalty Act of 1996. Even the Supreme Court said, “in a world of silk purses and pigs’ ears, the Act is not a silk purse of the art of statutory drafting.” Lindh v. Murphy, 521 U.S. 320, 336 (1997). In short, § 2255 and other habeas cases can be complicated and draining.
Do you need a lawyer for a 2255 motion?
No. The law does not require a lawyer, and many people file on their own. This site is written to help them. The court must appoint a lawyer if it holds an evidentiary hearing and you cannot afford one (Rule 8(c), Rules Governing Section 2255 Proceedings).
What a lawyer does: checks the deadline, gets the file from prior counsel, investigates facts outside the record, picks and frames the claims, drafts the motion and supporting declarations, replies to the government, and handles any hearing and appeal.
But the rules are strict. Most people get one full chance at a § 2255 motion. A second one needs permission from the court of appeals, and that permission is rare (28 U.S.C. § 2255(h)).
Criminal Center is a federal criminal defense firm. We handle federal cases nationwide, and only federal cases, including § 2255 motions. Book a consultation to talk it through with Brandon Sample. No lawyer can promise a result.
Read The Habeas Citebook: Ineffective Assistance of Counsel.
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