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Ely
Ely, Counselor at Law
Category: Criminal Law
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My husband whos in federal prison is considering filing a

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My husband who's in federal prison is considering filing a 2255 motion. I've read a lot on it and it almost seems like it's a waste of money to pay an attorney to file this considering they are rarely granted, as well as the fact that if it is granted he could face to possibility of being sentenced to a longer term than he is currently serving (please tell me if this information is correct). Is there a motion than can be filed to request home confinement based on MY serious health conditions and inability to maintain the household while he's gone?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Ely replied 1 year ago.


I am sorry for your situation. On this website, I do not always get to give good news, and I am afraid that this is one of these times.

A 2255 motion stands for 28 U.S.C. § 2255. Section 2255 allows a federal prisoner to move to "vacate, set aside or correct" a federal sentence upon the ground that "the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack." 28 U.S.C. § 2255 ¶ 1

I've read a lot on it and it almost seems like it's a waste of money to pay an attorney to file this considering they are rarely granted

I hate to say it, but this is true.

as well as the fact that if it is granted he could face to possibility of being sentenced to a longer term than he is currently serving (please tell me if this information is correct)

No, not correct. The Court is being asked to reconsider the sentencing, but the Judge normally simply affirms the original sentence. While technically I suppose that the Court may impose a harsher sentence, I have never seen this happen with a 2255.

Is there a motion than can be filed to request home confinement based on MY serious health conditions and inability to maintain the household while he's gone?

A bond is not unheard of in a 2255 motion (Greenup v. US, 401 F. 3dXXXXXof Appeals, 6th Circuit 2005), although it is at the Court's discretion and honestly, is rare. So while he can ask for home confinement while the 2255 is being considered, it is unlikely to be granted.

I am very sorry.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 87528
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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