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Drug Offenses
It is well established that once the one-year deadline is up for a movant filing to vacate their conviction in federal court under 28 U.S.C. § 2255, no new claims can be raised unless they “relate back” to the original claims in the motion. However, this rule is liberally applied to pro se litigants, and...
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Here are some favorable cases in the federal courts this last week of August that may help out some people in federal prison. United States v. Thomas-Mathews, No. 21-1824, 2023 U.S. App. LEXIS 22464 (6th Cir. Aug. 25, 2023) Some judges can’t get out of the erroneous “crack is worse” way of thinking that got...
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The U.S. Court of Appeals for the Eleventh Circuit, sitting en banc, joined three other circuits and held that a federal conviction for conspiracy to commit a federal drug offense did not qualify under the career offender guideline as a third strike to impose the harsh career offender penalty. See United States v. Dupree, 57...
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