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 a court usually allows amended claims unless they clearly don’t … Continue reading When Should a Court Allow an Amendment to a Civil Claim in Federal Court? Whenever it Relates Back, and that Happens More Often than Not.
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 us into this mess. HOLDINGS: -Where defendant pleaded guilty to … Continue reading Federal Prison Newsletter End of August 2023
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 F.4th 1269 (11th Cir 2023) (en banc). Brandon Dupree had … Continue reading En Banc Eleventh Circuit Says Conspiracy to Commit Federal Drug Offense Didn’t Count for Career Offender Sentence