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Commentary: Attacking the Guilty Plea—Court Cautions More Time Possible in Child Porn Case if Post-Conviction Motion Successful

by Dale Chappell

I’M ALWAYS ASKED WHETHER THE COURT can impose a harsher sentence if someone is successful in vacating their conviction or sentence under 28 U.S.C. § 2255. My answer is always the same: It depends, but it can happen.

Usually, a § 2255 motion attacking a guilty plea ...

 

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