28 U.S.C. § 2255 – Federal Post-Conviction Relief
The primary mechanism for challenging a federal conviction or sentence after direct appeal.
What § 2255 allows.
Section 2255 gives a person in federal custody the ability to ask the sentencing court to vacate, set aside, or correct a conviction or sentence through a post-conviction motion.
This statute replaces traditional habeas corpus for most federal prisoners and must be filed in the court that imposed the sentence.
Grounds for relief.
A § 2255 motion may be based on claims that:
- The sentence was imposed in violation of the Constitution or federal law
- The sentencing court lacked jurisdiction
- The sentence exceeded the maximum authorized by law
- The conviction or sentence is otherwise subject to collateral attack
Hearings and relief.
If the motion and record do not conclusively show that relief is unwarranted, the court must:
- Notify the United States Attorney
- Hold a hearing if necessary
- Make findings of fact and conclusions of law
If relief is granted, the court may vacate the judgment, resentence the defendant, order a new trial, or otherwise correct the sentence.
One-year statute of limitations.
A § 2255 motion must generally be filed within one year of the latest of:
- The date the conviction becomes final
- The removal of an unconstitutional government impediment
- A newly recognized, retroactive Supreme Court right
- The discovery of new facts through due diligence
Successive motions.
Second or successive § 2255 motions are tightly restricted and require certification from the court of appeals based on:
- New, compelling evidence of innocence, or
- A new rule of constitutional law made retroactive by the Supreme Court
Relationship to habeas corpus.
Federal prisoners generally may not pursue habeas relief under § 2241 if § 2255 relief is available, unless the § 2255 remedy is shown to be inadequate or ineffective.
Post-conviction motions under § 2255 are procedurally complex and heavily litigated. If a conviction or sentence is being challenged after appeal, call (314) 900-HELP or contact our federal post-conviction defense attorneys to evaluate timing, eligibility, and strategy.
