Criminal Center
What does this mean?
A 2255 motion is a request asking the federal court that sentenced someone to throw out or fix the sentence because something went wrong, such as a violation of the Constitution (28 U.S.C. § 2255).
In most cases it must be filed within one year after the conviction becomes final. Sometimes the year starts later, for example after new evidence is found or the Supreme Court recognizes a new right (28 U.S.C. § 2255(f)). Because the deadline is strict, don’t wait.
For a full guide, see 2255motion.com, a Criminal Center site.
Common questions
When does the one-year deadline for a 2255 motion start?
Usually on the date the conviction becomes final (28 U.S.C. § 2255(f)(1)). After an appeal, that is generally when the Supreme Court denies review or, if no one asks it to review the case, when the 90-day window to ask closes (Clay v. United States, 537 U.S. 522 (2003); Sup. Ct. R. 13.1).
Is it too late to file a 2255 if more than a year has passed?
Usually, but not always. The one-year clock can start later when a government-created barrier to filing is removed, when the Supreme Court recognizes a new right that applies to older cases, or when new facts come to light that could not have been found earlier (28 U.S.C. § 2255(f)(2)–(4)). Courts have also allowed late filings in rare, extraordinary situations (Holland v. Florida, 560 U.S. 631 (2010), a related habeas case).
How long do we have to file a federal criminal appeal?
A defendant's notice of appeal usually must be filed within 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)). The judgment is the court paper that lists the conviction and sentence. Missing this deadline can end the right to appeal.