Federal § 2255 Motions

A motion under 28 U.S.C. § 2255 is the primary way a person convicted in federal court can challenge the conviction or sentence after the direct appeal is over (or after the time for a direct appeal has passed). The motion is filed in the same district court that imposed the sentence, and it allows the court to vacate, set aside, or correct the sentence when it was imposed in violation of the Constitution or federal law.

The most common claim in § 2255 litigation is ineffective assistance of counsel. Because these claims almost always depend on facts outside the trial record — what counsel investigated, what advice was given about a plea offer, why a defense was not pursued — the Supreme Court has held that they are properly raised in a § 2255 motion rather than on direct appeal. To prevail, the defendant must show both that counsel's performance fell below an objective standard of reasonableness and that there is a reasonable probability the result would have been different. Other recognized grounds include prosecutorial misconduct that was not discoverable earlier, sentences that exceed the statutory maximum, and new rules of constitutional law that the Supreme Court has made retroactive.

The deadline is strict. A § 2255 motion generally must be filed within one year of the date the conviction becomes final — which, for a defendant who appealed, typically means one year from the denial of certiorari or the expiration of the time to seek it. The statute recognizes a few alternative start dates, such as the date a new retroactive right was recognized by the Supreme Court or the date new facts could first have been discovered with due diligence, but those exceptions are construed narrowly. Missing the one-year window usually ends the case regardless of the strength of the underlying claims.

Procedure matters as much as substance. Claims that could have been raised on direct appeal but were not are generally defaulted unless the defendant can show cause and prejudice, and a defendant generally gets only one § 2255 motion: a second or successive motion requires advance authorization from the court of appeals and is available only in narrow circumstances. Because everything must be presented correctly the first time, a thorough review of the entire case — trial record, plea negotiations, sentencing, and appellate filings — is the essential first step.

Where the district court denies relief, an appeal requires a certificate of appealability, which itself demands a substantial showing of the denial of a constitutional right.

Novreske Law Office handles § 2255 litigation in the Eastern and Western Districts of Wisconsin and accepts consultation and review in federal cases nationwide. Individuals challenging state convictions in federal court proceed instead under 28 U.S.C. § 2254.