How long do I have to appeal?
If you want to appeal your federal case, it’s important to know that there is a strict 14 day deadline after judgment to file a notice of appeal. Federal Rules of Appellate Procedure 4(b)(1)(A). This deadline is incredibly quick. In Minnesota state court, the deadline is 90 days for felony cases. Yet, the Feds require you to act within 2 weeks or you lose your right to appeal. Many in the criminal justice system think this is unfair. But unfortunately, it’s the law.
It’s been longer than 14 days, do I have any options?
It’s possible that your trial attorney either filed a notice of appeal or some other post-verdict motion that gave you options to continue fighting the case even if you were not aware of it. Contact Subzero Criminal Defense to help you figure out if there was some event that helped delay the 14 day requirement. 651-248-5142. Even if the 14 days have passed, there may be potential to challenge your sentence under other forms of Postconviction relief including habeas corpus using a 2255 motion, 2254 motion, or a motion for compassionate release. These three areas will be expounded on below:
What is a 2255 motion?
A 2255 motion refers to challenging your conviction under the language used in 18 U.S.C. 2255. The statute is filled with lots of legalese. In plain English, this relief is generally reserved to constitutional challenges of a federal conviction. Generally, there is a strict 1 year deadline after your appeal deadline expired. But you should contact an attorney ASAP because there are nuances to the deadline that space does not allow here.
What is a 2254 motion?
A 2254 motion is very similar to a 2255 motion except it deals with convictions in state court rather than federal court. Generally, federal court and state court work on completely different systems, where your only relief to state charges is to challenge them in the state system. However, a 2254 motion can be used under certain circumstances: “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 18 U.S.C. 2254. And just as with a 2255 motion, there is a strict 1 year deadline, but you should contact an attorney ASAP because there is not space here to go into the nuances of it.
What is a compassionate release motion?
A compassionate release motion is not attacking your conviction for errors like most other postconviction relief motions, but it is a motion to modify the terms of your imprisonment to get you out of prison sooner for reasons unrelated to your underlying conviction. These motions are difficult to win. A request for compassionate release first requires exhaustion within the Federal Bureau of Prisons (“BOP”). After the BOP makes a determination on compassionate release, a prisoner can bring the motion in the U.S. District Court. There are two avenues for making a compassionate release motion: (1) “extraordinary and compelling reasons warrant such a reduction,” or (2) the defendant is at least 70 years old, has served at least 30 years in prison for certain offenses, and the Bureau of Prisons has determined the defendant is no longer a danger to society. Some of the factors that the court will look at when considering “extraordinary and compelling reasons” are: (1) medical circumstances of the defendant; (2) age of the defendant; (3) family circumstances of the defendant; (4) victim of abuse; (5) other reasons; and (6) an unusually long sentence. If you believe that you or a loved one in prison may qualify, contact Subzero Criminal Defense for a free consultation. 651-248-5142
Conclusion
This is page is just a general outline of some of your options if you are looking for federal relief for a criminal conviction. If you are not sure what options fit or do not fit for you, do not hesitate to contact Subzero Criminal Defense to figure out your options. 651-248-5142. Subzero Criminal Defense, the law firm built to handle the difficult season.