The Standard for Federal Supervised Release
A few years ago, the Seventh Circuit published an order clearly showing their views on the imposition and purpose of federal supervised release. That circuit is back at it again with an opinion on three separate cases, challenging their special conditions of supervised release. (U.S. vs. Kappes, U.S. vs. Crisp, and U.S. vs. Jurgens; Nos. 14-1223, 14-2135, & 14-2482 respectively and decided April 8, 2015.)
Thanks to the Federal Criminal Appeals Blog for the head’s-up on this one.
There are some key points made by this ruling that anybody interested in the nuts-and-bolts of federal supervised release should be aware
Time Limits to File a §2255 Appeal
A deeper discussion on this is below, but federal defendants only get one chance at file an appeal of this sort. Making it count is paramount. To do this, three hurdles must be overcome.
First, proper courthouse of jurisdiction must be established (meaning the appeal must be filed in the Court which did the sentencing, not the courthouse located in the prison’s jurisdiction). Second, the arguments made must be appropriate for a §2255 appeal. Third, the filing has to happen within the allowable time period for habeas-style petitions.
For an in-depth discussion on what constitutes an issue for direct appeal, go here. For an in-depth discussion on what constitutes an issue for §2255 appeals, <a title="2255 Issues Discussion" href="http://pcr-consultants.com/2255-mot
How We Work
PCR Consultants is a document preparation company. We make, legally-sound documents that our clients may utilize to plead for all manner of relief in the federal criminal justice system. Anything from §2255 motions to Requests for Early Release from Probation.
We aren’t lawyers, and we aren’t a law firm. That means we don’t represent our clients in court, and cannot file for them. What we do is write fantastic documents that will make the defendant HEARD by the courts, and include with them an application for the appointment of defense counsel.
Inmates are not guaranteed free defense attorney’s as a right during the process of a §2255. This is to protect the federal defenders office from being flooded with work in this area. Most of these types of motions that are filed have little to no merit, or are dismissed for various reasons (such as the ability to raise the issue on direct appeal or no standing to argue new constitutional law
The 7th Circuit on Federal Supervised Release
A few years ago, the Seventh Circuit Court of Appeals published an opinion clearly showing their views on the imposition and purpose of federal supervised release.
That circuit is back at it again with an opinion in three enjoined cases, each challenging their supervised release conditions. (U.S. vs. Kappes, U.S. vs. Crisp, and U.S. vs. Jurgens; Nos. 14-1223, 14-2135, & 14-2482 respectively and decided April 8, 2015.) Hat tip to the Federal Criminal Appeals Blog for the head’s-up on this one.
There are some critical points made by this opinion that anybody interested in the operation of federal supervised release should be aware o
Issues for 2255 Motions
It is a sad fact that most federal criminal defendants can’t afford to hire stellar legal representation for themselves when charged with a federal crime. A vast majority of federal defendants are assigned a public defender to represent them.
Federal defenders are fantastic at their jobs. However, they also have case loads MUCH larger than privately hired lawyers and will often make errors or be ineffective because of it. It cannot be stressed enough that great lawyers can make big mistakes when they are overworked, and no lawyer is more overworked than a public defender.
That being said, one of the triggers that is most often used for the basis of §2255 filings is the ineffective assistance of counsel.
**A Good Example**
One client we had in early 2017 was eligible and appropriate for a reduction in offense level points because he was a small pawn in a large criminal fraud conspiracy. A “minor role”
How to file a 2255 Motion to Set Aside Sentence?
This is a very big question to answer, but the question that needs to be answered first is, “Am I eligible and should I file a §2255?”
Again, this is a massive answer, but it is just as important as how to file. A motion of this type is actually an appeal, without being a direct appeal. It is called a collateral attack on the sentence of incarceration itself for constitutional issues.
Only federal inmates can file one. The normal course of criminal cases in the federal criminal system involves a direct appeal. Second, when a direct appeal doesn’t work, never got filed, is not appropriate to the issue(s), or simply doesn’t meet the needs of the defendant, a §2255 is the way to go.
In order to be qualified to file one of these types of appeals, a few criteria need to be met:
- Only incarcerated federal inmates may file;
- Complaints cannot be made if they could have been m
Defining Federal Probation Against Incarceration
A question clients often ask here at PCR Consultants is how we convince District Courts to grant release orders for our clients. Our rates of success are the same or higher than those of defendants who hire expensive law firms to accomplish the same thing.
The not-so-secret answer comes from the United States Code and the very definition of supervision itself. Stick with this article because dull statutes turn into clear, powerful answers Quickly.
Understanding What Supervision is, and What it Isn’t
Lets begin with the assumption that supervised release and incarceration are different. Similar, but different. This might seem obvious, but the meaning behind this fact might not be so obvious.
Take for instance the law that authorizes sentence reductions versus the law that authorizes early termination of supervision. Both come from Title 18 U.S. Code. Sentence