Tag: Actual Innocence

Federal Postconviction

Actual Innocence Exception Allows Grant of Late Postconviction Motion to Overturn 924(c) Conviction

Barriera-Vera v. United States, No. 23-cv-1333-SCB-TGW, 2023 U.S. Dist. LEXIS 134678 (M.D. Fla. July 10, 2023) In a shocking move, the U.S. District Court for the Middle District of Florida granted postconviction relief to a prisoner who filed his motion three years too late, saying the “actual innocence exception” forgave his lateness. Jose Barriera-Vera was charged with bank robbery and attempted bank robbery, and two … Continue reading Actual Innocence Exception Allows Grant of Late Postconviction Motion to Overturn 924(c) Conviction

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News

Federal Prisoner Weekly Newsletter July 28

Here’s rundown of some favorable decisions for the week. United States v. Evans, No. 22-1195, 2023 U.S. App. LEXIS 18810 (7th Cir. July 24, 2023) Evans twice sold heroin to a confidential source (50 grams, 125 grams). Officers stopped Evans 30 minutes later and found cash from the controlled purchase, methamphetamine, two handguns, and ammunition. He was charged with two drug distribution counts, 21 U.S.C. … Continue reading Federal Prisoner Weekly Newsletter July 28

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Criminal Appeals, Criminal Defense & Sentencing

Rapper NBA YoungBoy’s Gun Charges Reinstated by Fifth Circuit

By Dale Chappell United States v. Gaulden, No. 22-30435, 2023 U.S. App. LEXIS 17995 (5th Cir. July 14, 2023). A somewhat divided Fifth Circuit made a novel decision July 14, 2023, by holding that a person allegedly violating the law in a video recording possessed by a video company he hired has no expectation of privacy in that video he paid for, simply because he … Continue reading Rapper NBA YoungBoy’s Gun Charges Reinstated by Fifth Circuit

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Criminal Appeals, Criminal Defense & Sentencing, Federal Postconviction

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 been hit with some questions about a recent case that … Continue reading The Real Story About a Federal Court Declaring a Federal Firearm Statute Unconstitutional

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Criminal Appeals, Criminal Defense & Sentencing, Federal Postconviction

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 his plea colloquy, speaking through a Spanish-English interpreter, Aybar-Peguero repeatedly … Continue reading Second Circuit Vacates Conviction Based on Insufficient Guilty Plea

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News

Federal Prison Newsletter April 21, 2023

Newsletter, Week Ending Apr 21, 2023 I figured I’d give a rundown of some notable cases I found this week, along with some of my comments. I used to do this but switched to analyzing one case a week to help people use the case for relief. However, there’s too much good stuff out there to only focus on one case. If you want to … Continue reading Federal Prison Newsletter April 21, 2023

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Federal Postconviction

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 v. Solomon, 2023 U.S. Dist. LEXIS 63911 (N.D. Tex. Apr. … Continue reading Federal Court Denies 2255 Motion as Too Late but Then Grants Compassionate Release on Same Claim

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Federal Postconviction

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, 2023) The case was an initial motion under 28 U.S.C. … Continue reading Fourth Circuit Holds Rehaif is Retroactively Available for Habeas Cases

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Federal Postconviction

Ohio Plans to Execute a Man It Knows Is Innocent—Why?

(This post is a repost of an article by Prof. Sarat found here) I’ve been following Amherst Law Prof Austin Sarat’s posts on the Justia Verdict website for a while, and he always makes me stop and think with the topics he covers. While he often writes about problems with the death penalty, here’s a post that affects all prisoners seeking habeas corpus relief, not … Continue reading Ohio Plans to Execute a Man It Knows Is Innocent—Why?

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Federal Postconviction, Research & Writing

Federal Habeas Corpus: How to Raise an Actual Innocence Claim

Believe it or not, someone proving they`re “actually innocent” of their criminal offense is not enough to win federal habeas corpus relief. That`s because actual innocence, by itself, is not a constitutional violation to allow for federal habeas relief. Instead, it`s only the first step toward relief, and there must also be an underlying constitutional claim. Here`s how to raise a successful actual-innocence habeas claim. … Continue reading Federal Habeas Corpus: How to Raise an Actual Innocence Claim

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