Motions to Vacate Conviction or Sentence (28 USC 2255)
After the exhaustion of all appeals, a defendant may file a Motion to Vacate Conviction or Motion to Vacate Sentence pursuant to 28 USC 2255, contending that the conviction or sentence is unconstitutional. These motions must be filed before the district court judge who heard the initial proceeding and must be filed within one year after the conviction became final. That one year deadline is one year following sentencing if no appeal was taken. If the defendant filed an appeal, the one year deadline expires one year following the resolution of the appeal in the Court of Appeals. Typical constitutional claims include ineffective assistance of counsel before the trial court or on appeal and prosecutorial misconduct. Ineffective assistance of counsel claims may involve attorney errors in the investigation and trial of the case and also may include errors made at sentencing. If you wish to make a claim for ineffective assistance of counsel and need legal advice, contact Strom Law Firm.
