The law regarding a motion attacking sentence of a federal court is set forth in 28 USC § 2255.
(a) 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.
(b) Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, the court shall cause notice thereof to be served upon the United States attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto. If the court finds that the judgment was rendered without jurisdiction, or that the sentence imposed was not authorized by law or otherwise open to collateral attack, or that there has been such a denial or infringement of the constitutional rights of the prisoner as to render the judgment vulnerable to collateral attack, the court shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate.
(c) A court may entertain and determine such motion without requiring the production of the prisoner at the hearing.
(d) An appeal may be taken to the court of appeals from the order entered on the motion as from a final judgment on application for a writ of habeas corpus.
(e) An application for a writ of habeas corpus in behalf of a prisoner who is authorized to apply for relief by motion pursuant to this section, shall not be entertained if it appears that the applicant has failed to apply for relief, by motion, to the court which sentenced him, or that such court has denied him relief, unless it also appears that the remedy by motion is inadequate or ineffective to test the legality of his detention.
(f) A 1-year period of limitation shall apply to a motion under this section. The limitation period shall run from the latest of(1) the date on which the judgment of conviction becomes final;
(2) the date on which the impediment to making a motion created by governmental action in violation of the Constitution or laws of the United States is removed, if the movant was prevented from making a motion by such governmental action;
(3) the date on which the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review; or
(4) the date on which the facts supporting the claim or claims presented could have been discovered through the exercise of due diligence.
(g) Except as provided in section 408 of the Controlled Substances Act, in all proceedings brought under this section, and any subsequent proceedings on review, the court may appoint counsel, except as provided by a rule promulgated by the Supreme Court pursuant to statutory authority. Appointment of counsel under this section shall be governed by section 3006A of title 18.
(h) A second or successive motion must be certified as provided in section 2244 by a panel of the appropriate court of appeals to contain
(1) newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable factfinder would have found the movant guilty of the offense; or
(2) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable.
Title: Understanding the Alaska Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody Introduction: The Alaska Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody allows individuals who are in federal custody in Alaska to challenge their convictions or sentences. This legal process provides an opportunity for incarcerated individuals to seek relief or correction from a court if they believe their constitutional rights were violated during their criminal proceedings. This article will explain the various types of motions available under Alaska law and the steps involved in filing them. Types of Alaska Motions to Vacate, Set Aside, Modify, or Correct a Sentence: 1. Federal Habeas Corpus Petition: This motion challenges the lawful detention of a person in custody, alleging violations of constitutional rights or errors during the trial, sentencing, or appeal. It seeks relief on the grounds that the conviction or sentence was obtained in violation of the U.S. Constitution or federal law. 2. 28 U.S.C. § 2255 Motion: This motion provides a mechanism for federal prisoners to challenge their convictions or sentences by presenting new evidence, alleging constitutional violations, or claiming ineffective assistance of counsel. It enables prisoners to seek a new sentencing hearing or request that their conviction be set aside. 3. Sentencing Modification Motion: This motion aims to modify a person's sentence based on factors such as changes in the law, substantial assistance to the government, or extraordinary circumstances that justify a sentence reduction. It is typically filed under 18 U.S.C. § 3582(c)(2) or Federal Rule of Criminal Procedure 35. 4. Motion to Correct Illegal Sentence: This motion is used when a defendant believes that the sentence imposed upon them is illegal due to errors made by the court, such as incorrect application of the law, miscalculation of the sentence, or procedural mistakes. It seeks to correct the imposed sentence to a legally appropriate one. Procedure for Filing an Alaska Motion to Vacate, Set Aside, Modify, or Correct a Sentence: 1. Research and gather relevant information: Determine which type of motion is appropriate based on the specific circumstances of the case. Review applicable laws, rules, and regulations to understand the requirements and grounds for filing. 2. Consult with an attorney or legal representative: Seek guidance from a qualified legal professional experienced in federal criminal law. They can provide advice on the viability of filing a motion and assist in navigating the complex process. 3. Prepare the motion: Draft a detailed motion, including a clear statement of the basis for requesting relief. Support the motion with relevant legal arguments, affidavits, exhibits, and any newly discovered evidence. 4. File the motion: Submit the completed motion to the appropriate federal court, adhering to jurisdiction-specific filing procedures, deadlines, and formatting requirements. Pay close attention to the local rules to ensure compliance. 5. Serve copies of the motion: Serve a copy of the motion on the prosecuting attorney and notify other parties involved in the case as required by the court rules. 6. Await court proceedings: The court will review the motion, consider the arguments presented, and may schedule a hearing to hear oral arguments or request additional information. The court will ultimately decide whether to grant the requested relief or deny the motion. Conclusion: The Alaska Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody enables incarcerated individuals to challenge their convictions or sentences under various circumstances. By understanding the different types of motions available and following the proper procedures for filing, individuals in federal custody can seek potential remedies for any constitutional rights violations or errors in their criminal cases. Seeking professional legal assistance is crucial to navigate this complex process effectively.
