If you have been convicted in federal court, and your appeal has been denied, your last chance may be to file a federal post-conviction motion pursuant to 28 U.S.C. § 2255. These proceedings are particularly challenging because, unlike their state-court counterparts, a 2255 must be litigated in front of the same federal district judge who presided over the original trial. At Brown & Nieto, we have successfully litigated numerous 2255 claims, including at least three victories in the past year.
A good federal post-conviction attorney must perform myriad tasks: meticulous legal research, strong legal writing, and forceful courtroom advocacy. Whereas an appeal is focused on finding errors committed by the trial judge, a 2255 is focused on finding errors committed by the defendant’s trial counsel — so called “ineffective assistance of counsel.” Other areas that are ripe for 2255 federal post-conviction are: violations under Brady v. Maryland, 373 U.S. 83 (1963); prosecutorial misconduct; ineffective assistance of appellate counsel; and the imposition of an illegal sentence.
Brown & Nieto prepares and fights hard for the rights of their clients. Most recently, in United States v. Carlos Trejo Ruiz, we argued that there were substantial errors during Mr. Ruiz’s trial that warranted a significant correction of his sentence. The Court agreed, and we were successful in reducing our client’s sentence by 30 years.
Some of our other recent successes have come in cases in which defendants were given enhanced sentences based on incorrect calculations of their criminal histories. In United States v. White, we helped correct an inmate’s federal sentence and saved him almost 14 years of his life. In another case, United States v. Young, we proved that a defendant was wrongly sentenced as an Armed Career Criminal, and we got his sentence reduced by about 7 years. Finally, in United States v. Wells, the district court reversed a prior decision when it determined that the client’s prior convictions should not count toward a career offender designation. As a result, the court reduced our client’s sentence by 108 months.
If you are looking to hire an experienced federal 2255 attorney for the District of Maryland, or for any other federal district in the United States, please call Brown & Nieto for a consultation.