Federal Postconviction
Counsel Failed to Argue that Person Cannot Burglarize Own House, Habeas Relief Granted
Leeds v. Russell, No. 21-16813, 2023 U.S. App. LEXIS 19081 (9th Cir. July 26, 2023) In 2006, a Nevada jury convicted Leeds of first-degree murder. Although Petitioner resided at the house where the murder occurred, the prosecution presented a felony-murder theory at trial, alleging that Petitioner committed the murder during the course of a burglary…
Navigating Relief from the Denial of Federal Habeas Relief: Rule 60(b)(1) versus Rule 60(b)(6)
In the realm of civil procedure, seeking relief from a judgment denying a § 2255 or § 2254 petitionis not a straightforward process. Litigants must navigate the intricacies of the Federal Rules of Civil Procedure, most commonly Rule 60(b), to reopen their habeas case. Let’s delve into the key distinctions between two provisions of Rule…
The Real Story About a Federal Court Declaring a Federal Firearm Statute Unconstitutional
What’s the real story about a federal judge in Mississippi declaring the federal felon in possession of a firearm statute unconstitutional? As always, there’s more to the the story than what’s being reported. Here’s the real story about United States v. Bullock, No. 3:18-CR-165-CWR-FKB, 2023 U.S. Dist. LEXIS 112397 (S.D. Miss. June 28, 2023). I’ve…
Second Circuit Vacates Conviction Based on Insufficient Guilty Plea
Second Circuit Vacates Conviction Based on Insufficient Guilty Plea United States v. Aybar-Peguero, Nos. 21-1711(L), 21-1847(Con), 2023 U.S. App. LEXIS 17015 (2d Cir. July 6, 2023) Francis Jose Aybar-Peguero pled guilty to drug trafficking in violation of 21 U.S.C. Sections 841 and 846 and concealment money laundering in violation of 18 U.S.C. Section 1956(a)(1)(B)(i). During…
Second Circuit Reiterates that AEDPA Deadline is on Claim-by-Claim Basis
Clemente v. Lee, No. 21-279-pr, 2023 U.S. App. LEXIS 16892 (2d Cir. July 5, 2023) The Second Circuit reiterated that a single timely filed claim in a habeas petition with multiple claims does not make the entire petition (or application) timely. The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) and its statute of…
Seventh Circuit Grants 2255 Relief, Vacates Life Sentence Under 924(c)
Seventh Circuit Grants 2255 Relief, Vacates Life Sentence Under 924(C) United States v. States, No. 22-1477, 2023 U.S. App. LEXIS 16934 (7th Cir. July 5, 2023) Charles States was convicted of attempted murder and attempted Hobbs Act extortion and was sentenced in 2005 to life plus 57 years, mostly based on multiple consecutive sentences under…
Federal Court Denies 2255 Motion as Too Late but Then Grants Compassionate Release on Same Claim
A federal district judge in Dallas granted compassionate release based on a recent retroactive Supreme Court case, despite finding that the same exact claim filed earlier under 28 U.S.C. § 2255 was denied as being too late. The court reasoned that an illegal sentence was an “extraordinary and compelling reason” for compassionate release. United States…
Fourth Circuit Reinstates Relief from Death Penalty, Citing State’s Forfeiture of Argument Against Relief
Refusing to uphold an unconstitutional death sentence, the U.S. Court of Appeals for the Fourth Circuit held on March 22, 2023, that the State’s forfeiture of a procedural defense in a habeas corpus appeal could not be revived after a remand from the Supreme Court. See Stokes v. Stirling, 2023 U.S. App. LEXIS 6881 (Mar….
Fourth Circuit Holds Rehaif is Retroactively Available for Habeas Cases
Tossing the government’s two major defenses against Rehaif claims in postconviction proceedings, the Fourth Circuit held that not only does Rehaif also apply to felon-in-possession of firearm cases under § 922(g)(1), but that it also applies retroactively on collateral review. See United States v. Waters, 2023 U.S. App. LEXIS 7558, — F.4th — (Mar. 30,…
Federal Drug Conspiracy No Good for Career Offender Enhancement, and Counsel was Ineffective for Not Raising the Challenge
United States v. Cannady, No. 20-6906, — F.4th — (4th Cir. Mar. 24, 2023) Hot off the press just minutes ago, the Fourth Circuit vacated the denial of a 28 U.S.C. § 2255 motion and held that a federal drug conspiracy, under 21 U.S.C. § 846, is broader than generic federal conspiracy and was therefore…