Is a motion under section 2255 of the Criminal Code an exclusive remedy for a federal prisoner who seeks to challenge the legality of confinement?
MultiRegion, United States of America
The following excerpt is from Fairly v. United States, CASE NO. 1:95-cr-05193-LJO (E.D. Cal. 2012):
"A motion under 2255 is generally the exclusive remedy for a federal prisoner who seeks to challenge the legality of confinement." Muth v. Fondren, 676 F.3d 815, 818 (9th Cir. 2012).
United States v. Washington, 653 F.3d 1057, 1059 (9th Cir. 2011) (quoting 2255(h)). "Because of the difficulty of meeting this standard, petitioners often attempt to characterize their motions in a way that
Page 5
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is Section 2254(d) of the Federal Criminal Code sufficient to establish that the federal habeas proceedings are the principal forum for asserting constitutional challenges to the conviction of a convicted criminal? (MultiRegion, United States of America)
What is the test for a federal conviction for a violation of section 11358 of the Criminal Code of New York City (the federal criminal code) of Section 11358, and what is the current state of the law on such a violation? (MultiRegion, United States of America)
What is the current state of the federal habeas jurisdiction for a federal prisoner to challenge his sentence under Section 2241 of the Criminal Code? (MultiRegion, United States of America)
Can a federal prisoner seeking relief from a custodial sentence under section 2255 of the Criminal Code seek to vacate, set aside or correct the sentence? (MultiRegion, United States of America)
Does a defendant have a constitutional right to seek personal counsel for a motion seeking to amend his criminal record under section 2255 of the Criminal Code? (MultiRegion, United States of America)
When counting criminal convictions for career offender purposes under section 4A1.2 of the Criminal Code, is the criminal conviction of a career offender included in the criminal record calculation? (MultiRegion, United States of America)
Can a state prisoner seek relief from the federal district court under section 2254 of the Criminal Code? (MultiRegion, United States of America)
What is the scope of a motion pursuant to Section 2241 of the Criminal Code that challenges the execution of a federal sentence? (MultiRegion, United States of America)
When will a federal prosecutor seek to bring a motion in a federal criminal case against a state prosecutor? (MultiRegion, United States of America)
Can a motion seeking relief in a motion for relief against a defendant in a criminal case be considered a declaration of rights rather than interference with the criminal process? (MultiRegion, United States of America)
