If you have been convicted of a crime, you may still have options for overturning the judgment or reducing your sentence. One avenue is to file an appeal, as discussed in a previous blog post. Appeals are a direct challenge to a conviction based on errors that occurred in the lower court and in the court record. The other avenues involve indirectly attacking the judgment or sentence under a federal law or the U.S. Constitution, or seeking modification of the sentence as permitted by law. There are three statutes most commonly used when seeking such post-conviction relief.
Under 28 U.S.C. 2255, a defendant in custody may challenge the validity of the judgment or sentence. This is done by filing a motion asking the court to vacate, set aside or correct the sentence on the grounds that:
The motion must be filed in the federal district court where the defendant was sentenced within one year of:
Most often, defendants using this motion claim ineffective assistance of counsel in violation of the Sixth Amendment.
Under 28 U.S.C. 2241, a defendant may challenge the execution of their sentence as being in violation of the Constitution or laws or treaties of the United States. Importantly, this provision can also be used by a defendant where a motion under 28 U.S.C. 2255 is inadequate or ineffective to test the legality of the defendant’s detention.
Common situations where a writ of habeas corpus is used include challenges to prison conditions, disciplinary actions, parole determinations, extradition, miscalculated sentences by the Bureau of Prisons, and other actions.
The 2241 motion must be filed in the district court where the defendant is being held in prison.
Federal law 18 U.S.C. 3582 allows courts to modify a term of imprisonment under certain circumstances. These include situations where there are extraordinary and compelling reasons warranting such a reduction, and it is consistent with applicable policy statements issued by the Sentencing Commission; or it is permitted by statute or the Federal Rules of Criminal Procedure; or the defendant’s sentence was based on a sentencing range that has subsequently been lowered by the Sentencing Commission, among other circumstances.
Often, this provision is used when seeking “compassionate release” based on the defendant’s medical condition, age, incapacitation of a family member who needs caregiving, and similar situations.
These statutes have complicated rules. There are also other ways to obtain post-conviction relief not discussed here. To ensure the best outcome, it is crucial to work with an experienced criminal attorney experienced in these matters.
If you have been convicted, your trial attorney may not be familiar with post-conviction laws and procedures. Contact us for a consultation to discuss how we can help you.