Key Takeaways
- A direct appeal is the first review of the conviction and sentence.
- 28 U.S.C. § 2255 is the federal prisoner's motion to vacate, set aside, or correct a sentence.
- A § 2255 motion is limited to constitutional, jurisdictional, and similar fundamental errors.
The direct appeal
The direct appeal challenges what happened in the district court on the record. It is subject to the 14-day notice deadline of Fed. R. App. P. 4(b)(1) and is heard under the jurisdiction of 28 U.S.C. § 1291.
The § 2255 motion
28 U.S.C. § 2255 allows a prisoner in custody under sentence of a court established by Act of Congress to move the sentencing court to vacate, set aside, or correct the sentence, on the ground that the sentence was imposed in violation of the Constitution or laws of the United States, that the court lacked jurisdiction, that the sentence exceeded the maximum authorized by law, or that it is otherwise subject to collateral attack.
Limits and deadlines
A § 2255 motion has a one-year limitations period that runs from the latest of several triggering events, and claims that could have been raised on direct appeal are generally barred unless the movant shows cause and prejudice or actual innocence.
Published by the Corydon Law Research Desk — Corydon Law Research Desk, publisher — former federal prosecutor. This page is reference information about federal law and procedure, not legal advice.
Primary sources
- 28 U.S.C. § 2255 — text of the statute or rule as published by law.cornell.edu (law.cornell.edu). Verbatim: “A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence was in excess of the maximum authorized by law, or is otherwise subject to collateral attack, may move the court which imposed the sentence to vacate, set aside or correct the sentence.”
Sources listed above were accessed and verified on August 20, 2026. Statutes and rules are quoted from the linked primary pages as published on that date. Information on this site is general in nature and is not legal advice.