Garry A. Payton Law

Practice Areas

Post-Conviction Relief

At Garry Payton Law, we specialize in navigating complex post-conviction relief options to challenge unlawful convictions, reduce excessive sentences, and secure early release for deserving clients. Our practice is dedicated to pursuing justice through strategic advocacy in federal courts and administrative processes.

Habeas Corpus & § 2255 Motions

We challenge unlawful convictions and sentences through federal habeas corpus petitions, including:

28 U.S.C. § 2241 Petitions

Filed in the district of incarceration, these petitions allege that a defendant's custody violates U.S. laws or treaties. We advocate for resentencing hearings where both defense and government present arguments, potentially leading to sentence reduction or release.

28 U.S.C. § 2255 Motions

Brought before the sentencing court, these motions seek to vacate, set aside, or correct sentences due to constitutional violations such as ineffective assistance of counsel, lack of court jurisdiction, or excessive punishment under the Eighth Amendment.

Judicial Sentence Modification

We file motions to revisit or adjust federal sentences based on:

Legal changes (e.g., amendments to sentencing guidelines)
Mitigating factors not adequately considered
Disproportionate outcomes (e.g., stacked 924(c) charges)

Sentence Reduction & Clemency

Federal Sentence Reduction (First Step Act)

We pursue sentence reductions under the First Step Act of 2018, including:

Retroactive application of the Fair Sentencing Act
Recalibrating custodial exposure under recidivism provisions

Executive Clemency & Pardons

We prepare thorough commutation and pardon petitions showcasing rehabilitation, community contributions, and mitigating life factors.

Substantial Assistance & Rule 35 Motions

For clients assisting federal investigations, we file Rule 35(b) motions for sentence reductions, ensuring proper documentation and strategic timing.

Compassionate & Humanitarian Release

Compassionate Release Petitions

Filed under 18 U.S.C. § 3582(c)(1)(A) for reasons like:

Terminal illness or severe health conditions
Family responsibilities
Rehabilitation milestones

We handle both the BOP administrative route and direct court filings.

Elderly & Terminally Ill Inmate Advocacy

Focused on:

Medical urgency and dignity
Sentence reduction eligibility
Rehabilitation evidence and risk assessment

BOP Advocacy & Transition

BOP Advocacy & Home Confinement

We assist with:

Earned time credits
Facility transfers or reclassification
Halfway house placement and home confinement