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Compliance with Time Limits is Crucial to Securing Your Rights

By Walin & Klarich

If your sentence for committing a federal crime contains some type of error, you must challenge the sentence within the time limits set by law, or you risk waiving your rights to contest the sentence altogether. In U.S. v. Aguirre-Ganceda (2010) 2010 DJDAR 890, the defendant filed a petition for a writ of certiorari asking the United States Supreme Court to review his conviction for error. The United States Supreme Court denied cert, meaning that the Court declined to hear the case, and let the conviction stand. The defendant then filed a petition for rehearing of that denial. While his motion for rehearing was pending, the defendant also filed a motion to vacate, set aside or correct his prison sentence, believing that his prison sentence contained errors...continue to full post

Full post as published by Southern California Criminal Defense Blog on February 13, 2010 (boomark / email).