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Examples of Successful Cases from 2010-2012


Ian Dunfee
(Middle Dist. of Florida)

The district court granted a Rule 59(e) motion vacating a denial of a §2255 motion; then granted the §2255 motion vacating the guilty plea and ordering new trial (72 months reduction).


Raul Herrera
(State of Texas Court of Crim. App ./Western Dist. Texas)


In the Western District of Texas a 1990 Texas attempted murder charge vacated (120 months); and then resentencing ordered in federal illegal reentry conviction.  Appeal pending on decision not to vacate second illegal reentry conviction.


Billy Daniels
(State of Georgia)


Obtained modification of the terms of a Georgia Parole; withdraw of a parole violation detainer; and coterminus ending of a Georgia and Federal sentences. Resulting in a 1-year RDAP sentence reduction and 6 months halfway house (18 months).


Sam Hill
(Middle Dist. of Florida)


Originally filed as a recall the mandate. Mr. Amodeo converted the case to §2241. Then questioned its jurisdiction to correct the sentence. After briefing that either the claim is cognizable in a writ of coram non judice or habeas corpus has been suspended, thus rendering AEDPA unconstitutional, the court has appointed counsel and planned oral arguments.


Derrick Hicks
(Middle Dist. of Florida)


After §2241 denied on career offender claim.  Rule 60 motion granted reopening case converting to §2255 and transferring case to a new court. The government has conceded Mr. Hicks was erroneously sentenced.


Brian Smith
(Middle Dist. of Florida)


Obtained pre-hearing discovery authorization in §2255 proceeding - a very rare event; then an evidentiary hearing, and the case is now pending the Magistrate’s report and recommendation.


Phillip Barrineau
(Dist. of South Carolina)


Received an evidentiary hearing under §2255 (f) (4) even though filing more than 3 years after the conviction had become final. The Bureau of Prison decision of the previously unavailable fact. (RDAP incentive pending).


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