Federal Habeas Petitions
for Federal Convictions
A § 2255 motion may help you fix constitutional errors or unlawful sentences, but don’t wait – most cases have a one‑year deadline.
If your federal conviction or sentence rests on constitutional or legal error, a habeas corpus petition under § 2255 may be your next step—usually (but not always) after your direct appeal is complete.
For many years, I worked as an Assistant Federal Public Defender in the Fifth Circuit–mostly in the appeals and capital habeas units. I’ve worked these cases from the inside and have extensive training and experience in spotting mistakes within and outside the trial record.
Timing matters. Most people have one year to file after the federal judgment becomes final. (There are narrow exceptions for new Supreme Court rules, new facts, or government‑created impediments).
I handle ineffective‑assistance claims, plea‑stage issues, sentencing‑guidelines questions (including ACCA and career‑offender), Brady and due‑process violations, and retroactivity matters. My style is practical and precise: focused issues, clean records, and concise briefing.
During our consultation, I can help you decide whether § 2255 is a viable path to potential relief.
Jessica Graf Is Board Certified® in Criminal Appellate Law
The Texas Board of Legal Specialization awards Board Certification to experienced attorneys who meet rigorous standards and pass a comprehensive exam in their practice area.
Fewer than 150 Texas attorneys are Board Certified® in criminal appellate law.
About Jessica Graf
I’m a federal appellate and post‑conviction lawyer serving clients in the Fifth Circuit and beyond. As an Assistant Federal Public Defender, I honed my practical and precise approach to post-conviction motions and appeals.
Jessica Graf Law >> Federal Post-Conviction Relief
Case Study: A Successful
§ 2255 Habeas Corpus Petition
The example below illustrates how important careful review and precise legal argument are to a § 2255 petition. Of course, your results will vary based on the facts and law in your case.
Background: I represented a client on direct appeal who was convicted of felon in possession of a firearm and sentenced under the Armed Career Criminal Act (ACCA).
When a person is convicted of felon-in-possession and has three prior felony convictions that qualify as violent felonies or serious drug offenses, the punishment range increases from 0-15 years to 15-life.
I argued on direct appeal that my client did not qualify for sentencing under the ACCA because his prior Texas robbery convictions did not qualify as violent felonies. The Fifth Circuit ruled against my client.
The Habeas Petition: A few years later, the law changed and a Texas robbery no longer qualified as a violent felony. I immediately filed a § 2255 motion on my client’s behalf.
Ruling: The government conceded that his sentence is illegal and must be reduced.
How Federal Habeas Petitions Work
Learn more about the process, requirements, and where to start.Who Can File
Someone convicted or sentenced in federal court who is in custody under that judgment (this can include pre‑release or supervised release in many cases).
When to File
File within one year of final judgment in most cases. Limited exceptions may apply for a new, retroactive Supreme Court rule, new facts discovered with due diligence, or removal of a government‑created impediment.
Where to file: In the sentencing court—the same federal district that entered your judgment.
If You've Filed Before
A “second or successive” motion requires permission from the Court of Appeals under § 2255(h).
Will the Court Appoint Counsel?
Not usually. The court can appoint counsel if you qualify and the interests of justice require it, and must appoint counsel if it orders an evidentiary hearing.
What a Habeas Petition
Can Do
Vacate, set aside, or correct a federal conviction.
Correct or reduce an unlawful sentence.
Address Ineffective Assistance of Counsel at plea, trial, sentencing, or appeal.
Fix constitutional violations (e.g., Brady, due process, Confrontation issues, involuntary pleas).
Apply new, retroactive Supreme Court rules when they qualify.
Consider new evidence tied to constitutional claims.
In rare cases, actual innocence can open a gateway.
What a Habeas Petition
Can’t Do
Function as a second appeal or a chance to re‑argue facts just because you disagree with the verdict.
Handle complaints about the conditions of your confinement.
Raise claims you could have raised earlier without a good reason.
Why Work With Me On Your Habeas Petition?
Precision
I meticulously examine every page of your record on appeal with a fine-tooth comb, uncovering anything that could form the basis for federal habeas relief
Experience
Before opening my own practice, I served as an Assistant Federal Public Defender (AFPD). I handled complex appellate cases and post-conviction matters–including numerous federal habeas petitions.
I’ve argued and written over 100 briefs in federal appeals across Texas on a range of issues from federal felonies all the way up to capital murder. These experiences have given me deep insight into how Fifth Circuit judges evaluate federal habeas cases.
Compassion
I recognize that a federal habeas petition isn’t just a case—it’s your freedom, your family, and your future. I take time to understand your story, explain each step of the federal habeas process in plain language, and keep you informed so you never feel left in the dark.
Courage
I don’t shy away from tough cases, complex federal court records, or difficult federal judges. Whether it’s standing up to a harsh state sentence, challenging flawed state court legal reasoning, or pressing the government on constitutional violations in federal habeas, I confront these issues head-on.
Don’t Wait — Protect Your Right to Federal Habeas Review
Deadlines for federal habeas review are unforgiving. The one‑year clock is the deadline people underestimate most.
Many people call me two or three years after their judgments become final; by then, it’s almost always too late to file a habeas corpus motion.
Please don’t wait.
I offer a free 30-minute intake call to assess if I can help you.
Schedule a Consultation
If you think your loved one may qualify for habeas corpus relief, I can help you understand your options and start preparing the request.
Contact me to discuss your case. I offer a free 30-minute intake call to assess if I can help you.