Legal Question in Criminal Law in Nevada

Ineffective Assistance Of Counsel

In 2/99, Nevada State charged me with PCS. Rec'd discharge from State probation. Wasn't released as Feds indicted me on F/A charge (shotgun in home). Served 12 mo. @ State prison /PCS chge. All year pleaded with Fed. atty. (mother's E-mail/ both our phone calls ) to talk to me & was ignored. Have E-mail copies.

Later learned Fed. lawyer never signed paperwork to represent me. Found had I pursued Fed. 1st would have changed sentencing guide-lines dramatically. Only State advice--don't worry because all State time counts towards Fed. time. He requested ''the court run sentence concurrent w/ Fed.'' --''the court believes last sentencing judge (fed) has jurisdiction. Court ordered sentence run concurrent w/Fed.---if this court has jurisdiction to so order.'' I rec'd 41 Fed. months/weapons charge & am now @ Fed. prison camp (min. security)

What motion(s) can I file, or open new case- to ask credit for all time served (jail & prison.)

I can't appeal sentence due to plea agrmt.What would be best/most effective approach? Thank you.


Asked on 6/16/02, 9:38 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Ineffective Assistance Of Counsel

You are entitled to credit for time served in the federal system from the day you came under federal jurisdiction until you were delivered to an FCI. You will not get credit in the federal system for state time. The federal criminal justice system pays no attention to what the state may do, and although it is common for state time to run currently with federal time, the reverse is not true.

Federal prisoners who have constitutional problems with sentencing or otherwise in the conduct of their federal cases may file a 2255 motion with the USDC in the location of incarceration.

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Answered on 6/17/02, 9:36 am


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