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Is there any way to repeal a sentence. the court was unfair and the lawyer crooked.

Albuquerque, NM |

a family member of mine was convicted of methamphetamine distribution in court the lawyer made a " deal" with him and told him he would make sure the family member Matthew Mowery would only get 168 months so the family member blind took the offer and refused the 15-year plea agreement. Matthew argues he rejected it on the basis of his counsel's bad advice. is there anything you can help me with here?

if anyone is interested more in this case the link to read more about it is http://law.justia.com/cases/federal/appellate-courts/ca10/12-2157/12-2157-2013-03-07.html i would appreciate any help thank all of you.

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Attorney answers 5

Best Answer
Posted

If a defendant wants to claim that he took a plea deal based on faulty advice or what are called affirmative misrepresentations by their plea attorney, they can file what is called a 2255 motion within one year of the plea being entered. The motion would more or less say that the plea was not voluntary because it was based on bad or incorrect advice given by the attorney. 2255's are tricky and, even for the lawyers who handle them all the time, low percentage as far as success. This guy really needs to talk to an attorney who regularly handles appeals and post-conviction work if he wishes to go down this road. Most likely he had a written plea agreement that may further complicate the situation, but with the right attorney he can get it before a judge and at least make his case that the plea was not voluntary and/or that the sentence was too harsh.

Mark Allen Yurachek

Mark Allen Yurachek

Posted

If a defendant wants to claim that he took a plea deal based on faulty advice or what are called affirmative misrepresentations by their plea attorney, they can file what is called a 2255 motion within one year of the plea being entered. The motion would more or less say that the plea was not voluntary because it was based on bad or incorrect advice given by the attorney. 2255's are tricky and, even for the lawyers who handle them all the time, low percentage as far as success. This guy really needs to talk to an attorney who regularly handles appeals and post-conviction work if he wishes to go down this road. Most likely he had a written plea agreement that may further complicate the situation, but with the right attorney he can get it before a judge and at least make his case that the plea was not voluntary and/or that the sentence was too harsh.

Asker

Posted

thank you so much for the advice if you could help me anymore http://law.justia.com/cases/federal/appellate-courts/ca10/12-2157/12-2157-2013-03-07.html here is the link to the case thanks so much.

Mark Allen Yurachek

Mark Allen Yurachek

Posted

The order you have denies a certificate of appealability on a 2255. Unfortunately, that means that he has already gone through the process I have described and he is basically out of moves on that conviction. It sounds like this guy argued what you had mentioned in your initial question and the district court, as well as the 10th Circuit, rejected the arguments. I am sorry, but I do not believe, on that conviction, that he has any other recourse..

Posted

If the defendant entered into a plea agreement that ultimately proved unfavorable, based on his attorney's erroneous advice, the conviction and sentence may be vacated if the defendant can demonstrate that the attorney's meets the legal standard for ineffective assistance of counsel.

Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
jlowther@nationalfederaldefense.com
http://www.NationalFederalDefense.com
866.380.1782

Posted

I agree with my colleague. Ineffective assistance in a situation like that is a complex legal matter and will require consultation with an attorney who may be able to challenge the plea through a habeas petition. You should contact a federal attorney to look into your options.

I am a CA layer and this is just meant to get you started in looking for the right lawyer! This is not legal advice. No Attorney/Client relationship has been formed. I may or may not be licensed in your jurisdiction. Please consult an attorney licensed in your jurisdiction for state specific advice.

Posted

Much more information is required in order for a lawyer to form any opinion as to what might be done to address the situation. Firstly, when did this conviction take place (i.e. does the defendant still have his appeal rights)? Secondly, I would need to know much more about the communication between the defendant and the lawyer. The U.S. Supreme Court recently held that it can be ineffective assistance of counsel for a lawyer to give inaccurate or misleading information about proposed plea agreements. You should contact an experienced federal defense lawyer immediately.

This answer is for informational purposes only. By answering this question, no attorney/client relationship is created. Although the legal information is accurate, it may not be appropriate for your situation. The best way to handle any legal problem is to seek the advice of an attorney.

Posted

Not likely. The judge explained in accepting the plea agreement that the sentencing judge has discretion to sentence above the guideline range

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