October 18, 2022
by
Michael Brownlee
Anyone who’s handled a habeas appeal in the federal court system knows you have to obtain a certificate of appealability before appealing a district court’s denial of habeas relief. If the district court denies the request for a certificate of appealability, you have to ask the federal appellate cou [...]
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So, you’ve been through a difficult trial and now it’s up on appeal. Or maybe you were bounced out of the trial court via summary judgment or on a motion to dismiss. Perhaps you won in the trial court and the other side has appealed.
There is a practice in federal jurisdictions where sometimes the Government will seek an additional 15-year sentence enhancement for a defendant due to prior convictions under the Armed Career Criminal Act (ACCA).