The 2255 Motion Handbook, by Bilal Khan

survivingthefeds.com/books/2255-motion-handbook · Not complete yet · Free to copy and mail inside

Volume 2

The 2255 Motion Handbook

A Post-Conviction Relief Guide for Federal Inmates

Read it well before the one-year deadline to challenge a federal conviction or sentence.

Covers stage

Appeals & 2255 Motions

Who it’s for: People already sentenced who want to know if the conviction or sentence can be challenged, and the families helping them.
What’s inside: 38 questions answered in plain words, the official 2255 form walked through, how to write the brief, and two real cases with the actual court filings.

Kindle Paperback

I wrote Surviving Pretrial and The 2255 Motion Handbook and earn royalties on them. — Bilal

Print this. Copy it. Mail it to someone inside. That’s what it’s for. Just don’t sell it.

How to mail it inside, and what the mailroom rejects

Kindle edition

$9.99

Or included with a Kindle Unlimited membership. Reads on any phone with the free Kindle app.

Paperback

$54.99

317 pages, sold and shipped by Amazon. The copy to mail to someone inside.

First printed July 31, 2024 (paperback). Prices from the Amazon listings, checked October 30, 2026. Amazon sets the price, so it can change; the listing always shows the current one.

On this page5 sections

1Who it's for, and when
2What's inside
3Getting it into a federal prison
4Who wrote it
5Questions buyers ask

1 Who it’s for, and when to read it

I wrote The 2255 Motion Handbook for people who have already been sentenced in federal court and want to know whether the conviction or the sentence can be challenged, and for the families helping them. A 2255 motion is the request you file in the court that sentenced you, asking it to set aside or correct the conviction or the sentence.¹

The book covers the procedure: the deadline, the official form, the brief, the mailing, and what happens after you file. It does not tell you whether your own claim will win. In the book’s words, it “focuses exclusively on the procedural elements of 2255 Motions.”

You must read it well before the deadline. You generally have one year, counted from the day the conviction became final.² That day depends on whether there was an appeal, so work it out first with the free deadline tool at survivingthefeds.com/tools/2255-deadline.

Where to start, by where the case is

Just sentencedThe notice of appeal comes first. It is due 14 days after the judgment is entered.³ Then read Part One.
Appeal decidedIf no one asks the Supreme Court to review it, the conviction becomes final 90 days after the appeals court’s judgment.⁴
No appealCourts generally treat the conviction as final when the 14 days to appeal run out.⁵ The year may already be running.
Motion deniedQuestion 37 covers appealing the denial. The notice of appeal is due within 60 days.⁶

If the case hasn’t reached sentencing yet, this is the wrong book. Surviving Pretrial is the one for before sentencing.

2 What’s inside, question by question

317 pages in three parts. Part One answers the 38 questions people ask most, in the book’s own words below. Part Two walks through the official form and the brief. Part Three reprints the filings from two real cases. Open a group to see its questions. Page numbers are from the paperback.

Introduction: Who it is for, and how to use it · pages 1 to 7

Introduction · page 1: Why the 2255 motion matters, and why the book covers the procedure, not whether a claim will win.
You Can Litigate Your Case · page 3: What it takes to do this without a lawyer.
Who I Am · page 4: The author, and his own 2255 motion.
How to Read This Book · page 6: Jump to the questions you need now. Read the rest when you have time.

Part One: Questions 1 to 8: what a 2255 motion is · pages 9 to 31

Q1. What is a 2255 Motion? · page 9
Q2. Who can file a 2255 Motion? · page 16
Q3. Where do I file my 2255 Motion? · page 18
Q4. What is a 2241 Petition? · page 21
Q5. Can I use a 2241 Petition? · page 23
Q6. What happens if I win my 2255 Motion? · page 25
Q7. What happens if my 2255 Motion is denied? · page 27
Q8. Can my plea agreement prevent me from filing a 2255 Motion? · page 29

Part One: Questions 9 to 13: lawyers, help and supplies · pages 33 to 46

Q9. Can I get a free lawyer for a 2255 Motion? · page 33
Q10. Is hiring a lawyer necessary? · page 35
Q11. What about hiring non-attorney firms to draft my motion? · page 38
Q12. What supplies and information are required to file a 2255 Motion? · page 41
Q13. What role does the United States Attorney play during a 2255 Motion? · page 45

Part One: Questions 14 to 20: claims, deadlines and evidence · pages 47 to 70

Q14. What is ineffective assistance of counsel? · page 47
Q15. What other claims can I make beyond ineffective assistance of counsel? · page 52
Q16. What are the time limits for filing a 2255 Motion? · page 58: One figure in this answer is out of date. See “Is it current?” below.
Q17. What are the restrictions on filing a second 2255 Motion? · page 62
Q18. How do I handle investigations and witnesses? · page 64
Q19. What is a declaration? · page 66
Q20. Should I execute a declaration for myself? · page 69

Part One: Questions 21 to 29: filing, and waiting · pages 73 to 92

Q21. Should I make copies of my 2255 Motion? · page 73
Q22. How many copies should I send to the court? · page 75
Q23. Where do I send my 2255 Motion? · page 77
Q24. What procedure must I follow to mail my 2255 Motion? · page 79
Q25. After my motion is received by the court, what can I expect? · page 83
Q26. What do I do if the government hasn’t responded? · page 85
Q27. Do I win if the government doesn’t respond? · page 87
Q28. What do I do when I get the government’s response? · page 89
Q29. What does it mean that my case was referred to a magistrate judge? · page 91

Part One: Questions 30 to 38: the brief, and after · pages 93 to 125

Q30. How do I write a “brief?” · page 93
Q31. What is a “reply” brief? · page 105
Q32. Should I draft my brief in the third person? · page 107
Q33. Do I have to follow rules like lawyers do? · page 109
Q34. Can I request discovery? · page 113
Q35. What can I do if my lawyer won’t turn over my file? · page 115
Q36. Will I get a hearing on my motion? · page 119
Q37. Can I appeal a denial of my motion? · page 121
Q38. Final point on 2255 Motion Practice · page 123

Part Two: Filling out the form and writing the brief · pages 127 to 185

How to Fill Out the Official 2255 Form · page 127: The court’s own form, walked through line by line. Thirty-two pages.
How to Write a Brief · page 159: A crash course in legal writing, then how to build the brief that goes with the form.

Part Three: Motions and briefs from two real cases · pages 187 to the end

The first case: commentary and filings · page 187: The author’s notes, then the motion, the declaration and the brief as they were filed. After it was filed, the government agreed the lawyer’s advice had been ineffective and offered the original plea deal again.
The second case: commentary and filings · page 192: The author’s notes, the filings, the government’s answer and the reply. The court granted a hearing and appointed a lawyer; the case was still waiting on that hearing when the book was printed.

Introduction: Who it is for, and how to use it (pages 1 to 7). Introduction, page 1. You Can Litigate Your Case, page 3. Who I Am, page 4. How to Read This Book, page 6.

Part One: Questions 1 to 8: what a 2255 motion is (pages 9 to 31). Q1. What is a 2255 Motion, page 9. Q2. Who can file a 2255 Motion, page 16. Q3. Where do I file my 2255 Motion, page 18. Q4. What is a 2241 Petition, page 21. Q5. Can I use a 2241 Petition, page 23. Q6. What happens if I win my 2255 Motion, page 25. Q7. What happens if my 2255 Motion is denied, page 27. Q8. Can my plea agreement prevent me from filing a 2255 Motion, page 29.

Part One: Questions 9 to 13: lawyers, help and supplies (pages 33 to 46). Q9. Can I get a free lawyer for a 2255 Motion, page 33. Q10. Is hiring a lawyer necessary, page 35. Q11. What about hiring non-attorney firms to draft my motion, page 38. Q12. What supplies and information are required to file a 2255 Motion, page 41. Q13. What role does the United States Attorney play during a 2255 Motion, page 45.

Part One: Questions 14 to 20: claims, deadlines and evidence (pages 47 to 70). Q14. What is ineffective assistance of counsel, page 47. Q15. What other claims can I make beyond ineffective assistance of counsel, page 52. Q16. What are the time limits for filing a 2255 Motion, page 58. Q17. What are the restrictions on filing a second 2255 Motion, page 62. Q18. How do I handle investigations and witnesses, page 64. Q19. What is a declaration, page 66. Q20. Should I execute a declaration for myself, page 69.

Part One: Questions 21 to 29: filing, and waiting (pages 73 to 92). Q21. Should I make copies of my 2255 Motion, page 73. Q22. How many copies should I send to the court, page 75. Q23. Where do I send my 2255 Motion, page 77. Q24. What procedure must I follow to mail my 2255 Motion, page 79. Q25. After my motion is received by the court, what can I expect, page 83. Q26. What do I do if the government hasn’t responded, page 85. Q27. Do I win if the government doesn’t respond, page 87. Q28. What do I do when I get the government’s response, page 89. Q29. What does it mean that my case was referred to a magistrate judge, page 91.

Part One: Questions 30 to 38: the brief, and after (pages 93 to 125). Q30. How do I write a “brief?”, page 93. Q31. What is a “reply” brief, page 105. Q32. Should I draft my brief in the third person, page 107. Q33. Do I have to follow rules like lawyers do, page 109. Q34. Can I request discovery, page 113. Q35. What can I do if my lawyer won’t turn over my file, page 115. Q36. Will I get a hearing on my motion, page 119. Q37. Can I appeal a denial of my motion, page 121. Q38. Final point on 2255 Motion Practice, page 123.

Part Two: Filling out the form and writing the brief (pages 127 to 185). How to Fill Out the Official 2255 Form, page 127. How to Write a Brief, page 159.

Part Three: Motions and briefs from two real cases (pages 187 to the end). The first case: commentary and filings, page 187. The second case: commentary and filings, page 192.

3 Getting a paperback into a federal prison

The book was written to be used from a cell. A Kindle book can’t be mailed in, so the paperback is the copy for the person inside. Order it new and have it shipped straight to the person, with their full name and register number on the address.

In a federal prison, a hardcover can only come from the publisher, a book club or a bookstore. At medium and high security, the same goes for paperbacks. At minimum and low security, a paperback can come from anyone.⁷ Ensure you check the prison’s own mail rules before you order.

The page survivingthefeds.com/send-it-inside walks through the address, the number and the envelope.

Kindle Paperback

4 Who wrote it

I’m Bilal Khan. I was sentenced to 20 years in federal prison. I am an Inmate Advocate, not a lawyer, and this book is not legal advice. In the book’s introduction I wrote that my work on other people’s cases has helped secure “over 60 years in sentence reductions through 2255 motions, compassionate release, and retroactive guideline amendments.” Results in other cases do not predict the result in yours.

Bilal KhanInmate AdvocateAuthor of the Surviving the Feds series

My story is on The morning they came for me.

5 Questions buyers ask

Kindle or paperback?

For the person in prison, the paperback ($54.99), because a Kindle book can’t be mailed in. The Kindle edition ($9.99, or included with Kindle Unlimited) is for the family member helping from outside, who can read along and look things up. Prices checked October 30, 2026.

When is my 2255 deadline?

Usually one year from the day the conviction became final.² With no appeal, courts generally count that day as the end of the 14 days to file one.⁵ After an appeal, it is the day the time to ask the Supreme Court for review runs out, which is 90 days after the appeals court’s judgment, unless a petition was filed.⁴ The free 2255 deadline tool counts it for you. Ensure you file well before it.

Will it tell me whether my claim will win?

No. It teaches the procedure, so that a good claim isn’t lost to a missed deadline, a wrong form or a weak brief. Whether a claim is strong depends on the facts of your case and the law in your circuit.

Do I need a lawyer to file?

No. As the book points out, most people in federal prison file without a lawyer, often because of the cost. A court may appoint a lawyer when the interests of justice require it, and must appoint one if it holds an evidentiary hearing and you qualify.⁸ Questions 9 to 11 cover free lawyers, paid lawyers and the paid drafting services.

Is it current?

It was first printed in July 2024. The rules for 2255 motions change slowly, but check every deadline against the current rule before you rely on it.

One correction to know now. Question 16 says that after an appeal you have “1 year and 60 days,” and that 60 days are allowed to ask the Supreme Court for review. The time to ask the Supreme Court is 90 days, counted from the day the appeals court enters its judgment, not from its mandate. If no petition is filed, the conviction becomes final when those 90 days end, and the one year runs from there.⁴

Also, Question 22 and Part Two give different numbers of copies to send to the court. Check your court’s local rules, or ask the clerk.

Is this legal advice?

No. I’m a paralegal, not a lawyer. The book says so in its legal notice: “The content of this book is offered solely for informational purposes and does not constitute legal advice.”

This is educational information from a paralegal, not legal advice. Every case is different. Talk to a lawyer about yours.

§ Sources

28 U.S.C. § 2255(a). Back
28 U.S.C. § 2255(f) (one year, running from the latest of four dates; the usual one is the day the conviction becomes final). Back
Fed. R. App. P. 4(b)(1)(A). Back
Clay v. United States, 537 U.S. 522 (2003) (if no petition is filed, the conviction becomes final when the time to ask the Supreme Court for review runs out); Sup. Ct. R. 13.1, 13.3 (90 days, counted from the entry of the appeals court’s judgment, not its mandate). Back
Moshier v. United States, 402 F.3d 116, 118 (2d Cir. 2005); Sanchez-Castellano v. United States, 358 F.3d 424, 428 (6th Cir. 2004). This is the rule in the courts of appeals, not a Supreme Court holding. Back
Fed. R. App. P. 4(a)(1)(B); 28 U.S.C. § 2253(c) (the certificate of appealability). Back
28 C.F.R. § 540.71(a)(1)–(3). Back
18 U.S.C. § 3006A(a)(2)(B); Rules Governing Section 2255 Proceedings, Rule 8(c). Back

Surviving the Feds is not a law firm and never provides legal advice. Everything here is for educational purposes only, drawn from lived experience and years of paralegal work in federal criminal cases. Using this site or app does not create an attorney-client relationship. Bilal Khan is not a lawyer. Nothing in the legal world is guaranteed, so talk to a lawyer about your own case.