Former CEO’s 2255 Petition to Stay Civil Proceedings Fails
A former CEO imprisoned on charges of corporate fraud lost his bid to stay a civil lawsuit filed against him pending resolution of his section 2255 petition, filed in the District Court for Southern Indiana. ASC Corporate Fraud Lawsuits James Burkhart was the CEO of American Senior Communities (ASC), a large nursing home company. Burkhart…
Read MoreDuplicate Dangerous Weapon Possession Leads to Successful Section 2255 Motion
The District Court for the Middle District of Louisiana recently granted a federal prisoner’s section 2255 motion because he was unlawfully sentenced by being charged twice for the same dangerous weapon possession–once under 18 USC §924(c) as a statutory violation, and once under United States Sentencing Guidelines §2D1-l(b)(l) as a two-level enhancement. Londons’ Double-Jeopardy Dangerous…
Read MoreA Section 2255 Motion in Action: United States v. Edmonds
A 2255 Motion in Action Sometimes the best way to understand how something works is to see it in action. Particularly when it comes to legal issues, getting a little context based on real world examples is the easiest path to comprehension, and ultimately application in your own circumstances. Such is the case with Section…
Read MoreBrandon Sample Wins Again!
Brandon Sample’s Recent Court Win! – United States v. Herring For Brandon Sample PLC, August 27, 2019 was a good day. That is because that was the day that the United States Court of Appeals for the Tenth Circuit filed its decision in United States v. Herring, announcing Brandon Sample’s successful representation of Mr. Herring.…
Read MoreDistrict Court Rules that Texas “Deadly Conduct” Conviction No Longer Qualifies as ACCA Predicate
The Northern District Court of Texas ruled that deadly conduct under Texas Penal Code §22-05 is not a violent felony. As a result, the Armed Career Criminal Act (ACCA) enumerated offense clause will no longer use deadly conduct as a predicate offense sentence enhancement. Bivin’s Deadly Conduct Sentence On December 5, 2011, Quentin Bivins found…
Read MoreFogle’s Filings Illustrate How Not to Challenge a Federal Conviction
Jared Fogle once pitched Subway sandwiches to the world. Since his imprisonment on child pornography charges, he has pitched multiple odd theories to the court in which he was convicted. After receiving a 188 month sentence which he unsuccessfully appealed, Jared filed a ”Motion to Correct Clear Error Pursuant to Rule 52(b).” In this…
Read More10th Circuit: Withdrawal of Meritless Section 2255 Motion Bars Successive Motion
10th Circuit: Withdrawal of Meritless Section 2255 Motion Bars Successive Motion Rafael Ramos got some bad advice concerning a meritless section 2255 motion. A jailhouse lawyer told him that he should collaterally attack his conviction for being a felon in possession of a firearm based on the Supreme Court’s ruling in United States v. Johnson,…
Read More2255 Motion Process Infographic
To help you understand the 2255 motion process, we present the following infographic which explains all of the steps in federal habeas corpus proceedings: Share This 2255 Motion Process Infographic On Your Site <p><strong>Please include attribution to 2255Motion.com with this graphic.</strong><br /><br /><a href=’https://2255motion.com’><img src=’https://2255motion.com/wp-content/uploads/2019/03/2255Motion.com-Infographic.jpg’ alt=’2255 Motion Process | Habeas Corpus’ width=’2432′ height=’7056′ border=’0′ /></a></p>…
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