REMEDY-STA-DISMISSAL |
Speedy Trial Act charging or trial clock violation |
Dismissal of the complaint charge under § 3162(a)(1), or dismissal of the indictment or information on a timely defense motion under § 3162(a)(2). |
Dismissal may be with or without prejudice under statutory factors; trial-clock dismissal is waived if not sought before trial or plea. |
CLM-CHARGE-030, CLM-SPEEDY-004, CLM-SPEEDY-005, CLM-SPEEDY-007, CLM-SPEEDY-008 |
REMEDY-VENUE-RETRIAL |
reversal for constitutional venue or vicinage error |
A new trial in the proper venue is constitutionally permitted. |
Smith does not decide whether another independent bar prevents retrial. |
CLM-CHARGE-035 |
REMEDY-RULE-16-DISCOVERY-SANCTIONS |
failure to comply with Rule 16 |
An order compelling discovery on just terms, a continuance, exclusion of undisclosed evidence, or another just order. |
Rule 16(d)(2) makes sanction selection discretionary; appellate review and case-specific prejudice require controlling circuit law. |
CLM-DISC-012 |
REMEDY-JENCKS-RULE-26-2-NONPRODUCTION |
refusal to comply with a Jencks Act or Rule 26.2 production order |
Strike the witness's testimony; when the government disobeys, declare a mistrial if justice or the interests of justice require it under the controlling text. |
The statutory or rule trigger, statement definition, possession, relation to testimony, production order, and proceeding must be established. |
CLM-DISC-029, CLM-DISC-032 |
REMEDY-BRADY-NAPUE-GIGLIO |
material suppression or known false testimony violating due process |
A new trial, reversal, or relief limited to the affected punishment issue may be available when the constitutional and procedural-vehicle requirements are met. |
The correct vehicle, preservation, procedural default, timeliness, prejudice or reasonable-likelihood branch, scope of the affected judgment, and collateral-review restrictions control. |
CLM-DISC-016, CLM-DISC-020, CLM-DISC-023, CLM-DISC-025 |
REMEDY-SUPPRESSION-EXCLUSION |
evidence obtained through a proven constitutional violation or other exclusion ground |
Suppression or exclusion to the extent the governing source makes that remedy available. |
Exclusion is not automatic; personal-right, causation, good-faith, attenuation, impeachment, fruits, harmlessness, and other doctrine may limit relief. |
CLM-MOTION-008, CLM-MOTION-012, CLM-MOTION-014, CLM-MOTION-015 |
REMEDY-RULE14-PREJUDICIAL-JOINDER |
prejudice from joined offenses or defendants |
Separate trials of counts, severed defendant trials, limiting instructions, or other relief justice requires. |
Mutually antagonistic defenses do not compel severance; the asserted specific trial right, reliability risk, and adequacy of lesser measures control. |
CLM-MOTION-022, CLM-MOTION-023, CLM-MOTION-024 |
REMEDY-COMPETENCY-RESTORATION |
present incompetency to proceed |
Pause adjudication and use the bounded examination, hearing, treatment, restoration, recovery, or separate civil-commitment procedures authorized by statute. |
Competency does not establish insanity; restoration, medication, dangerousness, placement, and duration require current evidence and distinct findings. |
CLM-MENTAL-001, CLM-MENTAL-004, CLM-MENTAL-005, CLM-MENTAL-011 |
REMEDY-INSANITY-SPECIAL-VERDICT |
insanity established under 18 U.S.C. § 17 |
A special verdict of not guilty only by reason of insanity followed by § 4243 custody, hearing, and release-risk procedure. |
The defendant bears the § 17 trial burden and the postverdict § 4243 burden; competency and mental-condition mitigation are different issues. |
CLM-MENTAL-013, CLM-MENTAL-020, CLM-MENTAL-021, CLM-MENTAL-022 |
REMEDY-SIXTH-AMENDMENT-SPEEDY-DISMISSAL |
completed Sixth Amendment speedy-trial violation |
Dismissal of the affected charge. |
The constitutional violation first must be established through the complete Barker analysis; statutory Act dismissal has different preservation and prejudice-choice rules. |
CLM-SPEEDY-010, CLM-SPEEDY-014 |
REMEDY-PLEA-LOST-OFFER-IAC |
proven ineffective assistance causing a favorable formal offer to lapse or be rejected |
A remedy calibrated to neutralize the lost plea opportunity; reoffering may be the first step and court discretion remains bounded by the case. |
No right to an offer exists; deficiency, acceptance, prosecutorial action, judicial action, comparative outcome, and remedy must each be proved. |
CLM-PLEA-003, CLM-PLEA-004, CLM-PLEA-005, CLM-PLEA-006, CLM-PLEA-007 |
REMEDY-PLEA-GOVERNMENT-BREACH |
proven government breach of a promise inducing an entered guilty plea |
Case-appropriate withdrawal or specific-performance resentencing; the court selects the remedy under the governing law. |
Agreement construction, breach, preservation, plain error, prejudice, waiver, and remedy are distinct; no automatic defendant-selected remedy exists. |
CLM-PLEA-031, CLM-PLEA-032, CLM-PLEA-033, CLM-PLEA-034 |
REMEDY-PLEA-WITHDRAWAL |
request to withdraw a guilty or nolo plea |
Withdrawal before acceptance for any or no reason; after acceptance but before sentence on agreement rejection or a fair and just reason; after sentence only through direct or collateral review. |
The precise acceptance, agreement, rejection, sentencing, motion, and record dates control. |
CLM-PLEA-030, CLM-PLEA-042, CLM-PLEA-043, CLM-PLEA-044 |
REMEDY-RULE11-ERROR |
Rule 11 variance or judicial-participation violation |
Vacatur only when the applicable preserved- or unpreserved-error standard is satisfied on the record; formal nonconstitutional error alone does not establish § 2255 relief. |
Preservation, whole-record prejudice, constitutional character, jurisdiction, and the collateral standard must be classified separately. |
CLM-PLEA-046, CLM-PLEA-047, CLM-PLEA-048 |
REMEDY-GARZA-REQUESTED-APPEAL |
counsel disregarded an express instruction to appeal despite an appeal waiver |
Restoration of the lost appeal opportunity under the governing post-conviction procedure without a merits showing for the foregone appeal. |
The express instruction and lost proceeding must be proved; the waiver may still affect which appellate claims succeed. |
CLM-PLEA-039 |
REMEDY-JSSA-SUBSTANTIAL-FAILURE |
substantial failure to comply with the Jury Selection and Service Act |
Before voir dire, stay proceedings pending lawful jury selection; after voir dire, grant appropriate relief including dismissal of an indictment returned by an unlawfully selected grand jury or a new trial after an unlawfully selected petit jury. |
A timely motion, sworn statement and evidence, substantial failure, exact selection stage, and § 1867 remedy requirements must be established. |
CLM-TRIAL-008 |
REMEDY-RULE29-ACQUITTAL |
legally insufficient evidence of a charged offense |
Judgment of acquittal; a final insufficiency determination bars retrial on the affected offense. |
The elements, admitted evidence, procedural timing, and exact nature of the ruling must be established; trial error and a Rule 33 new-trial order are different. |
CLM-TRIAL-019, CLM-TRIAL-023, CLM-TRIAL-025, CLM-TRIAL-034 |
REMEDY-MISTRIAL-RETRIAL-CLASSIFICATION |
mistrial or partial jury deadlock |
Discharge and retrial when manifest necessity supports a court-declared mistrial; unresolved counts after a partial verdict may be retried under Rule 31. |
Consent, objection, alternatives, cause, record, prosecutorial intent, and any resolved counts control; a defendant-requested mistrial has the narrow Kennedy exception. |
CLM-TRIAL-027, CLM-TRIAL-028, CLM-TRIAL-029, CLM-TRIAL-030, CLM-TRIAL-031 |
REMEDY-RULE33-NEW-TRIAL |
interest of justice supports a new trial on a timely defendant motion |
Vacate the judgment and grant a new trial; after a nonjury trial the court may take additional testimony and enter a new judgment. |
Ground classification, timeliness, current Rule 45, pending appeal, controlling circuit merits, hearing, preservation, and appellate procedure remain distinct. |
CLM-R33-001, CLM-R33-002, CLM-R33-003, CLM-R33-005, CLM-R33-008, CLM-R33-009 |
REMEDY-SENTENCING-PROCEDURAL-CORRECTION |
material sentencing procedure, Guidelines, statutory-range, or explanation error |
Preservation and direct appellate correction, ordinarily vacatur and resentencing when reversible error is established. |
The precise error, preservation, prejudice or harmlessness, sentence package, appeal authorization, and controlling-circuit remedy law must be established; § 3553(a) is not a freestanding post-judgment vehicle. |
CLM-SENT-008, CLM-SENT-015, CLM-SENT-020, CLM-SENT-029, CLM-SENT-030, CLM-SENT-031, CLM-SENT-064 |
REMEDY-RESTITUTION-ORDER |
victim loss compensable under an applicable restitution statute |
A restitution order for authorized losses, with victim, causation, amount, allocation, payment, and finality governed by §§ 3663, 3663A, and 3664. |
The conviction statute, offense category, victim definition, causal limits, loss proof, offsets, deadlines, and any plea expansion must be established. |
CLM-SENT-036, CLM-SENT-037, CLM-SENT-038, CLM-SENT-039, CLM-SENT-040, CLM-SENT-041, CLM-SENT-042, CLM-SENT-043, CLM-SENT-044 |
REMEDY-CRIMINAL-FORFEITURE |
property or money judgment forfeitable under an offense-specific criminal statute |
Preliminary and final criminal-forfeiture orders as part of the sentence, with an ancillary proceeding for third-party interests. |
Charging notice, statutory nexus, property or amount, jury request, timing, substitute assets, third-party interests, and final judgment must be established. |
CLM-SENT-045, CLM-SENT-046, CLM-SENT-047, CLM-SENT-048, CLM-SENT-049, CLM-SENT-050, CLM-SENT-051 |
REMEDY-RULE35A-CORRECTION |
arithmetical, technical, or other clear error in the orally announced sentence |
Narrow correction within fourteen days after oral sentence. |
Not a general resentencing or reconsideration vehicle. |
CLM-SENT-060, CLM-R3536-004, CLM-R3536-006, CLM-R3536-012 |
REMEDY-RULE36-CLERICAL |
clerical error or oversight or omission in a judgment, order, or record |
After appropriate notice, clerical correction at any time. |
Rule 36 cannot substantively resentence or create a forfeiture never ordered. |
CLM-SENT-049, CLM-SENT-062, CLM-R3536-027, CLM-R3536-028, CLM-R3536-029, CLM-R3536-030 |
REMEDY-DIRECT-APPEAL-REVERSIBLE-ERROR |
reversible error within a properly noticed criminal appeal |
The disposition authorized by the governing statute and issue-specific remedial law, potentially affirmance, reversal, vacatur, remand, dismissal, new trial, acquittal, or resentencing. |
Jurisdiction, authorization, notice, waiver, preservation, prejudice, harmlessness, remedy-specific law, and the record must be established; no one remedy follows every error. |
CLM-DR-012, CLM-DR-016, CLM-DR-021, CLM-DR-022 |
REMEDY-ANDERS-NONFRIVOLOUS-ISSUE |
Anders review identifies an arguable nonfrivolous issue |
Appoint or retain counsel for adversarial briefing before merits disposition. |
The first-appeal posture, appointment status, actual record, circuit procedure, and identified issue must be established. |
CLM-DR-030, CLM-DR-031, CLM-DR-032 |
REMEDY-CERTIORARI-DISCRETIONARY-REVIEW |
compelling federal question after lower-court judgment |
A discretionary writ of certiorari and, if granted, Supreme Court review and disposition. |
Timeliness and proper filing do not create entitlement to review; Rule 10 considerations, jurisdiction, preservation, vehicle, record, and current filing rules control. |
CLM-DR-047, CLM-DR-048, CLM-DR-049, CLM-DR-050, CLM-DR-051 |
REMEDY-2255-MERITS-GRANT |
established § 2255(b) defect |
Vacate and set aside the judgment, then discharge, resentence, grant a new trial, or correct the sentence as appropriate. |
The selected remedy must match the proven constitutional, statutory, jurisdictional, or fundamental defect and remedy-specific law. |
CLM-2255-003, CLM-2255-059 |
REMEDY-CASTRO-UNWARNED-RECHARACTERIZATION |
unwarned first-motion recharacterization |
Do not count the recharacterized filing as the first § 2255 motion for later second-or-successive restrictions. |
Applies to the first-motion recharacterization posture and does not itself decide the underlying claim. |
CLM-2255-050 |
REMEDY-1631-TRANSFER-UNAUTHORIZED-2255 |
filing lodged in a court lacking jurisdiction |
Transfer to a court in which the matter could have been brought when filed, if the interest of justice supports transfer. |
Section 1631 does not make transfer automatic; successive classification, receiving-court authority, timeliness consequences, circuit practice, and the interest of justice must be established. |
CLM-SOS-030, CLM-SOS-031 |
REMEDY-2241-CUSTODY-REDRESS |
relief on a cognizable § 2241 custody claim |
Custody-focused relief tailored to the proven substantive entitlement and the decisionmaker's lawful authority. |
Section 2241 alone does not create entitlement to credits, placement, designation, recalculation, or release; saving-clause availability, merits, discretion, continuing injury, and circuit remedy law remain separate. |
CLM-2241F-019, CLM-2241S-014, CLM-2241S-022, CLM-2241S-027, CLM-BOPSC-027, CLM-BOPAR-014, CLM-BOPAR-023, CLM-BOPAR-027 |
REMEDY-2241-TRANSFER-SUBSTITUTION |
custodian or district problem after filing or transfer |
Depending on controlling law and the actual custody chain, substitution, retention, transfer, or dismissal may be considered. |
No automatic remedy is established; the court's authority over a respondent able to effect relief, the receiving court, interest of justice, timeliness, and circuit procedure must be established. |
CLM-2241F-016, CLM-2241F-017, CLM-2241S-023 |
REMEDY-CORAM-NOBIS-VACATUR |
fundamentally defective completed federal conviction |
Extraordinary relief from the original federal criminal judgment, including vacatur when the proven Morgan and controlling-circuit conditions warrant it. |
No automatic post-custody fallback; no-other-remedy, delay, fundamental-error, consequence, burden, Article III, circuit, and case-record requirements control. |
CLM-XWRIT-005, CLM-XWRIT-008, CLM-XWRIT-016 |
REMEDY-MANDAMUS-DUTY |
extraordinary order compelling a legally required act |
An extraordinary order requiring performance of a clear duty or confining a lower court to lawful authority when the governing mandamus conditions are met. |
Cannot substitute for appeal or dictate the exercise of lawful discretion; existing jurisdiction, other avenues, clear right and duty, appropriateness, and local procedure control. |
CLM-XWRIT-026, CLM-XWRIT-027, CLM-XWRIT-028, CLM-XWRIT-029, CLM-XWRIT-030, CLM-XWRIT-031 |
REMEDY-PRESIDENTIAL-CLEMENCY |
executive mercy for a federal offense |
A presidential pardon, commutation, reprieve, or remission on the terms stated in the grant. |
Executive and discretionary; not judicial correction, no guaranteed process or decision date, and the exact warrant plus independent law control every asserted consequence. |
CLM-CLEM-001, CLM-CLEM-003, CLM-CLEM-017, CLM-CLEM-028, CLM-CLEM-029 |
REMEDY-RULE35B-SUBSTANTIAL-ASSISTANCE |
qualifying post-sentencing substantial assistance on the government's motion |
A discretionary sentence reduction, including below a statutory minimum under current Rule 35(b)(3). |
Government motion, timing track, substantial assistance, court discretion, circuit law, and any agreement all remain controlling; pre-sentence assistance is considered under current (b)(4). |
CLM-R3536-013, CLM-R3536-014, CLM-R3536-018, CLM-R3536-019, CLM-R3536-020, CLM-R3536-023 |
REMEDY-CRACK-SENTENCE-ROUTE-CLASSIFICATION |
later crack-cocaine sentence reduction |
Route-specific consideration under First Step Act § 404 or § 3582(c)(2)/USSG § 1B1.10 when that route's eligibility and scope are satisfied. |
The two routes are not interchangeable and neither guarantees a reduction. |
CLM-R3536-034, CLM-R3536-035, CLM-R3536-036, CLM-R3536-037 |
REMEDY-BOP-COMPUTATION-CORRECTION |
proven BOP sentence-commencement or prior-credit error |
Agency correction through Part 542 or, for a live cognizable exhausted claim, judicial relief directing a lawful computation. |
The remedy cannot award double credit, rewrite a judgment, select a prison, or exceed § 2241 jurisdiction and controlling circuit law. |
CLM-BOPSC-016, CLM-BOPSC-018, CLM-BOPSC-026, CLM-BOPSC-027, CLM-BOPSC-029 |
REMEDY-BOP-DISCIPLINE-CREDIT |
procedurally or evidentially invalid disciplinary credit loss |
Administrative reversal, rehearing, expungement, restoration or recomputation as authorized; cognizable judicial relief must match the proven due-process or statutory error. |
No automatic remedy follows from a regulatory delay; protected interest, prejudice, exhaustion, custody, and circuit remedy law control. |
CLM-BOPDDR-015, CLM-BOPDDR-023, CLM-BOPDDR-025, CLM-BOPDDR-026, CLM-BOPDDR-029 |
REMEDY-BOP-LAWFUL-RECONSIDERATION |
omitted mandatory consideration or other reviewable legal error in BOP placement administration |
Where an authorized claim is proven, lawful reconsideration or compliance with the governing limit rather than judicial selection of the discretionary placement. |
Sections 3621(b) and 3625, cognizability, cause of action, exhaustion, sovereign immunity, and circuit law may limit or foreclose review. |
CLM-BOPPRE-028, CLM-BOPPRE-031, CLM-BOPAR-020, CLM-BOPAR-022, CLM-BOPAR-023 |
REMEDY-SR-MODIFICATION-TERMINATION |
ongoing supervised-release condition or need for continued supervision |
Before expiration, modification, reduction, enlargement, extension within the original maximum, or discretionary early termination after the one-year threshold as authorized by § 3583(e). |
Rule 32.1(c), jurisdiction, the term calculation, statutory factors, and claim-specific finality or waiver law apply. |
CLM-SRTERM-018, CLM-SRTERM-021, CLM-SRTERM-022, CLM-SRCOND-011, CLM-SRCOND-016 |
REMEDY-SR-REVOCATION-DISPOSITION |
proven supervised-release violation |
Continuation or modification where authorized, or revocation imprisonment and a possible additional supervised-release term within §§ 3583(e), (g), and (h). |
The original offense class and statute, mandatory provisions, Esteras, Tapia, Haymond, prior revocation record, and current Chapter 7 guidance apply. |
CLM-SRREV-016, CLM-SRREV-017, CLM-SRREV-019, CLM-SRREV-020, CLM-SRREV-022, CLM-SRREV-024 |
REMEDY-SR-CONDITION-REENTRY |
condition-caused reentry burden or separate collateral consequence |
Seek narrowly tailored condition modification or early termination when § 3583(e) reaches the burden; otherwise use the separately authorized consequence-specific decisionmaker and remedy. |
Termination does not erase the conviction or automatically alter state, agency, immigration, registration, licensing, housing, employment, or private consequences. |
CLM-SRCOND-015, CLM-SRCOND-020, CLM-SRCOND-021, CLM-SRCOND-022, CLM-SRCOND-023 |