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If you were originally arrested, and prosecuted, by state authorities you may still be eligible for relief in federal court.  28 U.S.C. § 2254 provides the forum for an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court.  Specifically, it states: (1)…

The motion to vacate, set aside or correct a sentence provided by 28 U.S.C. § 2255 is a modern descendant of the common law petition for a writ of habeas corpus. It is available only to people convicted in federal courts who are in custody. (The corresponding federal post-conviction tool for state prisoners is the…

Bryan Range v. Attorney General of the U.S., et al, No. 21-2835, 2023 WL 3833404 (3d Cir. June 6, 2023). On June 6, 2023, an en banc panel of the United States Court of Appeals for the Third Circuit ruled that 18 U.S.C. §922(g)(1) (the “felon in possession of a firearm” statute) is unconstitutional as…

Changes to the Sentencing Guidelines- No Criminal History On April 5, 2023, the United States Sentencing Commission voted to adopt proposed amendments to the current guidelines for Congress’ approval.  The Commission’s proposed amendments go into effect on November 1, 2023.  In establishing the new law, the Commission referred to its studies of recidivism among federal…