The Federal 2255 Motion Playbook (2026 Edition)

By James R. Whitfield, Esq.

A motion under 28 U.S.C. § 2255 is the primary mechanism for federal prisoners to challenge their conviction or sentence after direct appeal. Unlike an appeal, which reviews legal errors from the trial record, a § 2255 motion allows a defendant to assert constitutional violations, ineffective assistance of counsel, jurisdictional defects, or unlawful sentencing issues.

Statute of Limitations

The one-year statute of limitations under AEDPA begins when the conviction becomes final — usually 90 days after the appellate court decision if no certiorari petition is filed. Courts strictly enforce this deadline.

Equitable tolling is rarely granted and requires:

1. Extraordinary circumstances beyond the petitioner's control
2. Diligent pursuit of rights despite those circumstances

Ineffective Assistance of Counsel

The most common ground for § 2255 relief is ineffective assistance under Strickland v. Washington. A movant must prove:

1. Deficient performance — counsel's representation fell below an objective standard of reasonableness
2. Resulting prejudice — there is a reasonable probability that, but for counsel's errors, the result would have been different

Claims must be specific and supported by evidence. Conclusory allegations are routinely denied without evidentiary hearings.

Procedural Default

Procedural default prevents raising issues that could have been brought on direct appeal unless the petitioner demonstrates:

• Cause for the default AND prejudice from the error, OR
• Actual innocence — a showing that no reasonable juror would have convicted

Certificate of Appealability

A Certificate of Appealability (COA) is required for appellate review after denial of a § 2255 motion. The applicant must show that reasonable jurists could debate whether the petition states a valid claim.

Strategic Considerations

• Conduct thorough record review before filing
• Identify all potential claims within the one-year window
• Prepare supporting affidavits and evidence
• Consider whether an evidentiary hearing is warranted
• Draft the motion with precision — courts are skeptical of pro se filings

Strategic drafting, record review, and evidentiary preparation are essential to maximize the chance of relief.