Motion to Vacate Sentence

Dec 26, 2019

Appellate Practice: Motion to Vacate Sentence-Finality of Judgment-Court Authority

Where a criminal defendant challenged the denial of her motion to vacate, set aside or correct judgment and sentence after an evidentiary hearing, the motion court’s order denying relief addressed only three of her four claims, so the judgment was not final, and the court lacked authority to review. Appeal is dismissed. Tresler v. State […]

Sep 5, 2019

Criminal Law: Hobbs Act Robbery-Motion to Vacate Sentence-“Crime of Violence”

Defendant pleaded guilty to conspiracy to commit Hobbs Act robbery and possession of a firearm in furtherance of a crime of violence. Defendant later moved to vacate his sentence, arguing that his conviction was invalid because the definition of “crime of violence” was unconstitutionally vague. Where the Supreme Court concluded that the definition of “crime […]

Feb 25, 2019

Criminal Law: Motion to Vacate Sentence-Substantive Reasonableness of Sentence-Plea-Agreement Waiver of Appeal

Defendant appealed the sentence imposed following his successful §2255 motion. On appeal, defendant argued that his sentence was substantively unreasonable. In response, the government asserted that defendant’s appeal was barred by the appeal waiver in his plea agreement. Where the government had not breached the letter of a plea agreement by allegedly strongly suggesting the […]

Nov 20, 2018

Criminal: Motion to Vacate Sentence-Ineffective Assistance of Counsel-Failure to Advise of Consequences of Testifying

Plaintiff, convicted of bank fraud and aggravated identity theft, appealed the denial of his motion to vacate his sentence, based on his counsel’s alleged ineffectiveness for failing to advise plaintiff of the consequences of testifying at a pretrial-release revocation hearing and failing to object to the amount of loss suffered by the victims. Where the […]

Nov 13, 2018

Criminal Law: Motion to Vacate Sentence- Ineffective Assistance of Counsel- Failure to Advise of Consequences of Testifying

Plaintiff, convicted of bank fraud and aggravated identity theft, appealed the denial of his motion to vacate his sentence, based on his counsel’s alleged ineffectiveness. Where the oath he swore before he testified at pre-trial release hearing already made clear that he was obligated to tell the truth, counsel was not ineffective for failing to […]