my husband is doing fed time (10yrs) for firearm on felon. (hunting) and is sentenced as an armed career criminal (ACCA) due to burglary charges from '86 and '89 under FL statute 810.02. his fed public defender has asked him if he wants to file a 2255. My question is.... can you help me figure out if this WILL or Will Not help him get home earlier. theres a little more to all this but thats a short version of our story.
Answer
Can't answer as to whether it WILL help or not because nobody knows until it is filed, heard, and then ruled upon by the court. A 2255 is a type of "appeal" (although technically it is not an appeal and is too complex to explain on this forum). So if you think in terms of an appeal, you are asking the court to grant his 2255 "appeal" due to some error of either the court, or usually that the attorney was ineffective at doing what is minimally required to do. You should talk to a federal appeals attorney in your area to see what can be done for him.
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