Summary
A federal inmate in Florida is appealing a conviction for distributing over 50 grams of methamphetamine. The appeal argues that evidence was illegally obtained and that there was ineffective counsel for not filing pre-trial motions. The inmate is currently at the 28 U.S.C. § 2255 stage and has seven months until the deadline. The case involves Fourth Amendment rights, particularly concerning illegal search and seizure unrelated to probation status. Consult a lawyer for specialized advice.Full Conversation
I'm a federal inmate who lost trial on a distribution of more than 50grams of ice and conspiracy to distribute
Hello **** ****, I understand your situation. Can you please tell me where your trial took place? This will help me provide the most relevant legal information.
Tallahassee FL
Hello **** ****,
In Florida, the mandatory minimum sentence for distribution of *+ grams of methamphetamine (Ice) is 10 years. Here are some options:
- Appeal the conviction
- Seek a sentence reduction
- Apply for clemency
Please consult with a lawyer for personalized advice.
I'm appealing the conviction because the evidence was illegally obtained,my lawyer failed to file pre trial motions arguing the drugs after the illegal government intrusion in my backyard which is in the police affidavit and they testified to the intrusion in trial.Then the other issue is there was insufficient evidence to prove conspiracy in my case. How can I get back to the pretrial stage to be able to file the motion to suppress in my case
Hello **** ****,
Appealing a conviction can be complex. Here are general steps:
- File a Notice of Appeal: This must be done within 30 days of judgment.
- Submit a Brief: Argue your case, including unlawful evidence.
- Oral Argument: Present your case in court.
Consult a lawyer for specialized advice.
I'm at the * stage at the moment and have 7 months til my deadline
Hello **** ****,
To file a motion to suppress at this stage, consider:
- Filing a * U.S.C. § * motion
- Arguing ineffective counsel
- Claiming your rights were violated due to the illegal search
Please consult with your attorney for advice tailored to your case.
It was illegal regardless of my probation status that was never the reason for the intrusion far as probation goes it was for the means of a controlled buy
Hello **** ****,
It sounds like your case involves Fourth Amendment rights. In general:
- Probation status can affect search and seizure rights
- However, if the search was not probation-related, it could be argued as illegal
Please discuss this with your lawyer.