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.
Florida Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody is a legal tool available to individuals who wish to challenge or modify their sentencing in federal criminal cases in Florida. This motion enables convicted individuals to present legitimate reasons for their sentence to be reviewed, corrected, or set aside by the court. It provides an opportunity for defendants to address any errors, constitutional violations, or new evidence that may impact their sentence. Keywords: Florida Motion to Vacate, Set Aside, Modify, Correct Sentence, Person in Federal Custody Types of Florida Motions to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody: 1. Florida Motion to Vacate Sentence: This type of motion seeks to have the court completely set aside or vacate the existing sentence imposed on a person in federal custody. It is typically filed when there are significant errors, constitutional violations, or when new evidence has emerged that could potentially change the outcome of the case. 2. Florida Motion to Set Aside Sentence: In this type of motion, the convicted individual seeks the court's intervention to set aside or nullify the sentence imposed. It is typically filed when there are legal defects or irregularities in the sentencing process, such as errors in jury instructions, procedural mistakes, or violation of the defendant's rights during trial. 3. Florida Motion to Modify Sentence: This motion is filed when the convicted individual seeks a modification or alteration of the sentence imposed. The purpose is to request the court to reconsider certain aspects of the sentencing, such as the length of imprisonment, fines, or conditions imposed. The motion may be based on factors such as rehabilitation efforts, changed circumstances, or a request for a more lenient sentence. 4. Florida Motion to Correct Sentence: This type of motion is filed to correct errors in the sentence that may have been imposed erroneously. It can address inaccuracies in the calculation of the sentence, errors in crediting time served, or any other mistake that may have affected the final sentence. The motion seeks the court's intervention to correct these errors and adjust the sentence accordingly. Overall, the Florida Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody provides convicted individuals in Florida with an avenue to challenge their sentence and request a review of their case. By using this legal tool, individuals can address errors, constitutional violations, or present new evidence that may impact their sentence, ultimately seeking a fair and just outcome.
