After conviction
After a federal conviction
A conviction is not always the end of a federal case. Here is what each option is for.
After a conviction in federal court, the options depend on timing. Some must be used within days, like an appeal. Others can come years later, like compassionate release or a pardon. Each one is a different request, filed with a different decision-maker, for a different reason.
The clock starts at the judgment. A notice of appeal is usually due 14 days after the judgment is entered (Fed. R. App. P. 4(b)(1)(A)), and a § 2255 motion usually must be filed within one year after the conviction becomes final (28 U.S.C. § 2255(f)).
Your options after a federal conviction
- Federal appealsAn appeal asks the court of appeals to review the trial or sentencing for legal mistakes. The notice of appeal is usually due 14 days after the judgment is entered.
- § 2255 motionsA § 2255 motion asks the judge who imposed the sentence to throw out or fix it, for example because the defense lawyer's work fell below the constitutional standard. It usually must be filed within one year.
- Compassionate releaseCompassionate release asks the judge to shorten a prison sentence for extraordinary and compelling reasons, such as a terminal illness.
- ClemencyClemency is mercy from the President: a pardon forgives a federal crime, and a commutation shortens a federal sentence.
- Federal expungementThere is no general federal expungement law. Two narrow statutes allow it in a few situations.
- Supervised release violationsWhen the probation office says someone broke a condition of supervised release, the judge can change the conditions or send the person back to prison.
Where the full guides are
The pages above give the basics. Our sister sites, all projects of Criminal Center, go deeper:
- 2255motion.com for 2255 motions
- CompassionateRelease.com for compassionate release
- Clemency.com for clemency
- Sentencing.net for federal sentencing and the Sentencing Guidelines
Where Criminal Center fits
Criminal Center is a boutique federal criminal defense firm. We take on a limited number of cases at a time, so each one gets close, personal attention.
We handle federal cases only, at every stage. If the case is still open, see federal criminal defense and federal sentencing.
Common questions after a federal conviction
How long do I have to appeal a federal conviction?
Usually 14 days. In a criminal case, the defendant's notice of appeal must be filed in the district court within 14 days after the judgment is entered, or after the government files its own notice of appeal, whichever is later (Fed. R. App. P. 4(b)(1)(A)). The district court can extend that time by up to 30 days, but only if it finds excusable neglect or good cause (Fed. R. App. P. 4(b)(4)).
What is the difference between an appeal and a 2255 motion?
An appeal goes to the court of appeals, which reviews the record of the case for legal errors. A § 2255 motion goes back to the court that imposed the sentence and can raise problems outside the record, such as ineffective assistance of counsel (28 U.S.C. § 2255). The Supreme Court has held that an ineffective-assistance claim may be brought in a § 2255 motion whether or not it could have been raised on direct appeal (Massaro v. United States, 538 U.S. 500 (2003)). A § 2255 motion usually must be filed within one year after the conviction becomes final (28 U.S.C. § 2255(f)).
Can a federal prison sentence be reduced after it starts?
Only in the ways the law allows. A court may not change a prison term once it has been imposed except as 18 U.S.C. § 3582(c) permits: compassionate release for extraordinary and compelling reasons (§ 3582(c)(1)(A)), a reduction when the Sentencing Commission later lowers the guideline range the sentence was based on (§ 3582(c)(2)), and changes another statute or Fed. R. Crim. P. 35 expressly allows (§ 3582(c)(1)(B)). Separately, the President can commute a federal sentence (U.S. Const. art. II, § 2).
Does a pardon erase a federal conviction?
No. The Justice Department's Office of the Pardon Attorney says a pardoned offense is not removed from the person's criminal record; both the conviction and the pardon stay on it. Expungement is a separate court remedy, and federal law allows it only in narrow cases (18 U.S.C. §§ 3607(c), 3771A).
Sources
- Fed. R. App. P. 4 (time to appeal)
- 28 U.S.C. § 2255 (motion to vacate, set aside or correct a sentence)
- Massaro v. United States, 538 U.S. 500 (2003)
- 18 U.S.C. § 3582 (modification of a term of imprisonment)
- 18 U.S.C. § 3583 (supervised release)
- 18 U.S.C. § 3607 (special probation and expungement)
- 18 U.S.C. § 3771A (relief for trafficking survivors)
- U.S. Constitution, art. II, § 2 (pardon power)
- Office of the Pardon Attorney, frequently asked questions
Federal only
What should I do next?
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