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Federal Conviction Appeal

Chicago, IL |

Was convicted of a Federal crime (Title 26) 5 years ago. Served time in prison and already out starting a new life. My question is if there is an appeal-able matter that allows me to appeal my conviction and I lose the appeal could I see myself doing serving more time even though I already served my original sentence via a plea deal? Is there some form of protection under constitutional law or CFR/Code of Federal Regulations that would prevent this from happening?

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Attorney answers 5


"is if there is an appeal-able matter "

I don't understand what your grounds for attacking the plea/conviction?

I also don't understand why you are worried about some increase in time as that is generally not done (except in China).

However, if your attack requires you to admit to new crimes that is a different story.

There are different years, different offenses, etc.

Be careful and hire a good tax and appeals attorney and go through the facts and tell them on what grounds you believe you can appeal.

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.


Yes or no is not an answer to ANY inquiry that involves a legal analysis by an experienced criminal defense lawyer.
Legal analysis is not simple math(2+2=4). Generalized questions can only yield a speculative answer. Then the questioner attempts to apply the speculation to their specific matter. Consultation with a seasoned criminal defense attorney is the best approach.
Your question requires an analysis by an experienced federal defense lawyer after he/she reviews your complete situation.

Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975/ Aggressive Creative Defense Strategies/ Website: 24/7 --(708) 481-4800.


Your question is a little confusing but if you are asking whether you can be sentenced to more time because you won an appeal, the answer is probably not. However, if your appeal results in a reversal or remand that requires a new trial or resentencing, you would be given credit for time served. The reality is that it is highly unlikely you have a basis for appeal after such a long time. Best wishes on starting out your new life.


There are time limits for filing appeals, and if you have already severed your time in prison then most likely the time limit has expired.
Even if it hasn't expired you said that your plea was pursuant to a deal with the government, you will need to make sure that your plea didn't forfeit your appeal rights.
AND, you plead guilty for a reason, either you did it, or the deal was better then taking the chance at trial, assuming you win your appeal, and the court remands back for a new trial, you are at square one, where you either plea to a new agreement, or go to trial. In either case, you would probably get more time because now you wouldn't get acceptance of responsibility points off,


If your appeal of a conviction and/or sentence is unsuccessful, you will not risk being sentenced to a longer term or imprisonment because the conviction and/or sentence will be "affirmed," meaning that the original judgment will remain intact. The more relevant issue in this case is whether you are time-barred from appealing a 2008 federal conviction.

Joshua Sabert Lowther, Esq.