Welcome to the Prison Talk Online Community! Take a Minute and Sign Up Today!






Go Back   Prison Talk > U.S. REGIONAL FORUMS > FEDERAL PRISON SYSTEM > Federal System News, Events and Legal Issues
Register Entertainment FAQ Calendar Mark Forums Read

Federal System News, Events and Legal Issues News & Events relating to the U.S. Federal Bureau of Prisons, U.S. Courts, Department of Justice and any legal questions you may have dealing with the Federal system.

Reply
 
Thread Tools Display Modes
  #1  
Old 06-28-2018, 08:05 PM
SLKW SLKW is offline
Registered User
 

Join Date: Jun 2018
Location: IL, United States
Posts: 5
Thanks: 0
Thanked 3 Times in 3 Posts
Default Federal 2255 sample?

Iím new here. Iíve searched the forums and havenít found what Iím looking for. My friend is doing 30 years in federal prison for child pornography. He was sentenced in 2017, direct appeal denied and is now doing research to file his 2255. Iíve been helping with research as much as possible. He can not afford an attorney and his public defender has been less than helpful. Plus heís claiming ineffective assistance of counsel so using the same attorney is counterproductive.
One thing I havenít been able to find is an actual sample of a 2255. I found one that I sent him that really didnít have anything to do with his case but heíd like to see wording and how it is laid out. Weíve reviewed the form so we know what that looks like and what info is required. Anybody have anything?
Also, this is a long shot but does anyone know any organization/individual that will give legal advice or help pro bono? All the SO organizations Iíve checked into donít offer legal help, only advocacy. Any help or advice you can offer for a federal sex offender would be appreciated. TIA
Reply With Quote
Sponsored Links
  #2  
Old 06-29-2018, 05:51 AM
fbopnomore fbopnomore is offline
Site Moderator

PTO Site Moderator Staff Superstar Winner 

Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 27,274
Thanks: 42,037
Thanked 20,341 Times in 11,848 Posts
Default

Welcome to Prison Talk. A google search for "2255 appeal for child pornography conviction" will be helpful for what you are asking. Here is a link to what the federal defenders training materials say about Recent issues in child pornography and other sex offense prosecutions.
https://nyn.fd.org/sites/nyn.fd.org/...0Materials.pdf
__________________

Last edited by fbopnomore; 06-29-2018 at 05:54 AM..
Reply With Quote
The Following User Says Thank You to fbopnomore For This Useful Post:
Minor activist (07-26-2018)
  #3  
Old 06-29-2018, 11:54 AM
SLKW SLKW is offline
Registered User
 

Join Date: Jun 2018
Location: IL, United States
Posts: 5
Thanks: 0
Thanked 3 Times in 3 Posts
Default

Thanks for the link, it may be helpful. I havenít read all the way through it yet. Iíve googled multiple variations of that and do not come up with an actual sample. I get case summaries and opinions and lawyers explanations of 2255. Weíbe both done a lot of case law research. Iíll keep trying.
Thanks again.
Reply With Quote
The Following User Says Thank You to SLKW For This Useful Post:
fbopnomore (06-29-2018)
  #4  
Old 06-29-2018, 03:01 PM
fbopnomore fbopnomore is offline
Site Moderator

PTO Site Moderator Staff Superstar Winner 

Donation Award 
 

Join Date: Dec 2009
Location: Seattle, WA
Posts: 27,274
Thanks: 42,037
Thanked 20,341 Times in 11,848 Posts
Default

Do you mean the form itself? If so, here is the US Court link.
http://www.uscourts.gov/forms/civil-...28-usc-ss-2255

If you are looking for a go-by for a 2255 motion to vacate, here's a DC Federal Defender cite that may help.
http://dc.fd.org/library/2255_MOTION...okerfanfan.pdf
__________________
Reply With Quote
  #5  
Old 07-02-2018, 04:15 PM
SLKW SLKW is offline
Registered User
 

Join Date: Jun 2018
Location: IL, United States
Posts: 5
Thanks: 0
Thanked 3 Times in 3 Posts
Default

I’m looking for the actual form filled out. Like what would it look like and how would it be worded when it reaches the judge\court. The link you sent shows grounds and details but it’s a summary of the writ. Thanks for your help.
Reply With Quote
The Following User Says Thank You to SLKW For This Useful Post:
fbopnomore (07-02-2018)
  #6  
Old 07-17-2018, 06:44 AM
bellisq bellisq is offline
Registered User
Donation Award 
 

Join Date: Mar 2004
Location: Miami FL
Posts: 6,193
Thanks: 912
Thanked 1,995 Times in 1,336 Posts
Default

The sad reality is that Judges do not pay a bit of attention to appeals filed without a lawyer. 30 years is a very high sentence, so if production wasn't involved, I'm guessing that a good review of the Guidelines calculations would be helpful.
Reply With Quote
  #7  
Old 07-17-2018, 02:22 PM
SLKW SLKW is offline
Registered User
 

Join Date: Jun 2018
Location: IL, United States
Posts: 5
Thanks: 0
Thanked 3 Times in 3 Posts
Default

Thanks. We could really use some help but can’t pay for a lawyer so I’m not sure what else he can do other than file it himself. He’s been represented by a public defender the whole time. Charges are possession and sexual exploitation. I’ve reviewed the Guidlines calculations and some of the enhancements are debatable but the court doesn’t see it that way.
Reply With Quote
  #8  
Old 07-26-2018, 09:26 AM
bellisq bellisq is offline
Registered User
Donation Award 
 

Join Date: Mar 2004
Location: Miami FL
Posts: 6,193
Thanks: 912
Thanked 1,995 Times in 1,336 Posts
Default

Federal Public Defenders do file appeals. They have an active appellate division. Has he asked for help for this stage of the process?
Reply With Quote
  #9  
Old 07-26-2018, 11:10 PM
Minor activist Minor activist is offline
Registered User
 

Join Date: Aug 2016
Location: WA USA
Posts: 1,632
Thanks: 1,034
Thanked 1,454 Times in 797 Posts
Default

If you have enough search terms to find a similar case you could get a real life example from PACER.
__________________
I'm collecting Best of PTO posts and quotes in my blog here.
Reply With Quote
  #10  
Old 07-27-2018, 12:12 AM
AR PCS's Avatar
AR PCS AR PCS is offline
Registered User
 

Join Date: Jun 2016
Location: Little Rock, AR
Posts: 91
Thanks: 145
Thanked 95 Times in 51 Posts
Post 2255 CP IAC Petition and Memorandum

Disclaimer: All of the information I am posting is available on PACER and is public information. I have no connection to the defendant or the attorney.

Attached are the AOC's 2255 form, which is required even if an attorney files the petition in most districts. It was completed and filed by the petitioner's attorney. Also attached is a memorandum of law filed by the petitioner's attorney. These will help him get an understanding of the process and contents. The attorney was privately retained by the petitioner. These are fact specific to a federal CP conviction and a 2255 alleging IAC.



I also attached an additional one from a lawyer's website found with a Google search.



This link is from the attorney that filed the attached petition. It gives information on different avenues to explore in a 2255 claim. Attorney website: https://federalcriminallawcenter.com...255-checklist/ (Again, no connection to the attorney, just the result of a Google search).


His best efforts are to file a persuasive 2255 in an attempt to gain an evidentiary hearing, at that point he will be appointed an attorney. He can also ask for appointment of an attorney when he files the 2255 but those are almost always never granted at that stage. He needs to be very thorough and meticulous, he only gets one chance at this.

There are very few (relatively nonexistent resources for pro se 2255 defendants). One avenue you may pursue is contact the law school in his area and see if they have a clinic which may be able to help.

He needs to start conducting his own research in the law library. If you or he is financially able a good book that may assist him is available from Prison Legal News: The Habeas Citebook: Ineffective Assistance of Counsel. Another disclaimer: I have no financial interest in PLN and receive nothing for this recommendation.

You can sign up for a PACER account here: https://pacer.psc.uscourts.gov/pscof/registration.jsf

You get $15 each quarter of free searches/downloads. Each page searched or downloaded is $0.10 per page.

I hope these help. Sorry you are here, but I commend you for being willing to help him. I'm sure you and he will have more questions.
Attached Files
File Type: pdf 2255 CP IAC.pdf (463.1 KB, 0 views)
File Type: pdf Memo of Law 2255 IAC CP.pdf (1.39 MB, 0 views)
File Type: pdf memorandum-law-in-support-movants-petition-under-28-usc-2255.pdf (54.7 KB, 1 views)

Last edited by AR PCS; 07-27-2018 at 12:28 AM.. Reason: Additional information
Reply With Quote
The Following 2 Users Say Thank You to AR PCS For This Useful Post:
fbopnomore (07-27-2018), Minor activist (07-27-2018)
Reply

Bookmarks

Tags
2255, federal, sex offender

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
2255 Motion wellgetthru Federal General Prison Talk, Introductions & Chit Chat 3 06-23-2013 10:11 AM
2255 Sis of sis Federal System News, Events and Legal Issues 3 08-08-2011 06:19 PM
Sample letters for early federal probation termination? PGGraham Federal Probation, Halfway House and Community Supervision 4 09-15-2005 04:44 AM
For Those That Are On There 2nd 2255 dmdonna1963 Prison & Criminal Legal Help! 1 03-01-2005 08:39 PM


All times are GMT -6. The time now is 02:15 PM.
Copyright © 2001- 2017 Prison Talk Online
Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
Website Design & Custom vBulletin Skins by: Relivo Media
Message Board Statistics