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Motions for Appeal Under 28 USC 2255

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:

  1. Only incarcerated federal inmates may file;
  2. Complaints cannot be made if they could have been made on direct appeal;
  3. Complaints must be an attack on the sentence itself, and not issues related to confinement (such as RDAP acceptance, placement in halfway house, or holdings in Solitary/SHU);

If you would like to learn more about filing federal appeals, and what these motions can and cannot do, visit PCR Consultants for a full report.

You can also give us a call at (480) 382-9287 for a free, no obligation consultation regarding your questions about §2255 appeals.

The PCR Consultants Team
www.PCR-Consultants.com Federal Appeals

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