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…

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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…

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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…

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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.…

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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…

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2255 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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