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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 114029
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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In Conrad V. U.S. the Supreme Court ruled that the Special

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In Conrad V. U.S. the Supreme Court ruled that the Special Verdict Form is not recognized by any criminal ruling, and is only used in civil cases. My son's sentence was enhanced based on quantities of drugs not presented to a jury, not in the indictment (the grand jury declined to indict for 5 kilos). The indictment was for 2 kilos for the substantive count of distribution of which he was acquitted. At the end of the trial, a "special verdict" form was presented to the jury & they were instructed to check of 5 kilos or more, without being presented with any evidence. In light of the Supreme Court's recent ruling can he file a second or successive 2255 or a 2241?
Yes, if the court has changed the law since his first appeal, then he can file another petition for cert based on the ruling OR he can file his appeal to the circuit court of appeal based on the new Supreme Court ruling since the appeal court can enforce the Supreme Court ruling as well.

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Customer: replied 6 years ago.
For PaulMJD ... I have already accepted your answer, but I still need an answer to my original question, i.e., Which should he file? A second or successive 2255? or a 2241?
If this ruling was new since the first 2255, then you can file the successive 2255 based on the new ruling.