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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23151
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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has anyone found any loopholes for 21 usc 841(a)(1) possession

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has anyone found any loopholes for 21 usc 841(a)(1) possession with intent to distribute a quantity of cocaine base ,,my case is from 1993 in the united states district courts i did a 2255 (sa-96-ca-632) an i count one was never answered

My name is XXXXX XXXXX I am a criminal lawyer.

Yours is a very old case. I'm not sure what kind of loopholes you are talking about. Can you explain?
Customer: replied 3 years ago.

im tring to get my case expunge because the the district court didnt answer my count one charge ,,just count two i want to know is there a way to have my case over turn by any chance. my name is XXXXX XXXXX my case number XXXXX XXXXX(01) usao number(NNN) NNN-NNNN on my behalf i believe that my case should have been over turn with the 2255 motion

Hello Marvin,

Thanks for clarifying. Unfortunately, however, I don't see any loophole.

First of all, the 2555 motion has to be filed within one year of the from the date of your conviction. That was more than 20 years ago. You are well past the statute of limitations to bring such an action. You can see the section of the USC that applies to that here

Unfortunately, if you have a federal conviction, the only way you can relieve yourself of the various disabilities that you have incurred as a result of your conviction is by petitioning the president for a pardon. Except with regard to minors who have completed the federal drug diversion program and had their matter dismissed, the federal government does not expunge convictions.

To petition for a pardon, you would need to apply to the Office of the Pardon Attorney within the US Department of Justice. Pardons are free and they do not require that you hire a lawyer to apply for one. You can read more about this and get the application at the Office of the Pardon Attorney's website here.

In some Federal circuits, you can hire a lawyer and petition the judge who convicted you for what they call an equitable expungement. Sometimes, because there is no law that supports Federal expungement, the conviction creates an injustice that a Federal court can rectify via a petition. Circuits are split as to whether a court really has the power to grant an equitable expungement, several of them saying it can be done and should in the interest of justice when it's called for, and others saying that there is no constitutional authority for an equitable expungement. If you tell me the what Federal district your case was in, I can tell you if that's a possibility for you.

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Customer: replied 3 years ago.

it was in the western district of texas cr 179 judge h j garcia

Hi Marvin,

The Fifth Circuit recognizes the principle of equitable expungement under very narrow circumstances. An equitable expungement is one where the judge would agree to have the records expunged, even if there is no provision in Federal law to allow for it. However, a petition to the judge to expunge under principles of equity is a very long longshot.

What you would need to do is to find a Federal lawyer who believes that he can mount a compelling argument to expunge your offense in the interest of justice and which would allow you to get this matter off of your record.
Good luck!
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