When do I file my 2555 petition?

Timing of a Federal 2255 Motion

A motion under 2255 has a strict 1-year time limit. That one-year period is measured from “finality,” meaning whenever you lose your ability to appeal. After you are sentenced, you have a 14-day window to file for a direct appeal. If you do not appeal, finality attaches on day 14 and your one-year habeas clock starts to tick. If you do appeal and that appeal is denied by the Circuit Court, there is a 90-day window to seek certiorari in the U.S. Supreme Court. Finality, likewise, attaches either on that 90th day or when the Supreme Court decides on your petition, whichever is later.

Filing the 2255 motion too late is the number one reason such motions are denied!

This one-year period is strictly enforced and it is not possible to ask for an extension of time to file your motion.You also get only one chance to make your habeas corpus claims. You are allowed exactly one motion, no more. A second or “successive” motion will be permitted by the Appellate Court in only two very specific circumstances: 1) If there is newly discovered evidence which fundamentally calls into question the veracity of the judgment; or 2) If there is a new rule of Constitutional law made retroactive by the Supreme Court.

Receiving permission to file a second or successive motion is exceedingly rare so it’s important to get your motion right the first time.