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.
Guam Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody is a legal procedure that allows individuals incarcerated in federal custody in Guam to challenge their conviction or sentence under certain circumstances. This post will provide a detailed description of what this motion entails, the grounds for filing, and the potential outcomes. It will also explore different types of Guam motions to vacate, set aside, modify, or correct a sentence based on specific situations. — Guam Motion to Vacate, Set Aside, Modify or Correct a Sentence Overview: The Guam Motion to Vacate, Set Aside, Modify or Correct a Sentence is a post-conviction remedy available to individuals who believe their federal sentence was imposed unlawfully, in violation of their constitutional rights, or due to legal errors. The purpose of this motion is to seek relief for an unjust sentence or conviction. Grounds for Filing: To file a Guam Motion to Vacate, Set Aside, Modify or Correct a Sentence, the petitioner must demonstrate one or more of the following grounds: 1. Ineffectiveness of legal counsel: The petitioner claims their attorney provided inadequate representation, thereby depriving them of a fair trial or a just sentence. 2. New evidence: The discovery of new evidence that could have had a significant impact on the original trial and potentially altered the outcome. 3. Constitutional violations: The petitioner alleges violations of their constitutional rights during the trial, such as the right to effective assistance of counsel, due process rights, or protection against self-incrimination. 4. Sentencing errors: The petitioner argues that the imposed sentence was procedurally or substantively flawed, violating constitutional or statutory provisions. Types of Guam Motion to Vacate, Set Aside, Modify or Correct a Sentence: 1. Guam Motion to Vacate: This type of motion is typically used when a petitioner seeks to have their conviction completely overturned due to fundamental legal errors or newly discovered evidence. 2. Guam Motion to Set Aside: This motion requests the court to invalidate specific parts of a sentence or order, such as the imposition of a fine, restitution, or supervised release conditions. 3. Guam Motion to Modify: In situations where the petitioner seeks a reduction or alteration of their sentence, this motion is filed. It can be based on new evidence, changes in circumstances, or arguments for a more lenient punishment. 4. Guam Motion to Correct a Sentence: This type of motion is filed when there are clerical errors, miscalculations, or mistakes in the sentence imposed. It seeks to rectify these errors to ensure accuracy and fairness. Potential Outcomes: Upon successful submission of a Guam Motion to Vacate, Set Aside, Modify or Correct a Sentence, the court may grant various outcomes, including but not limited to: 1. Vacating the conviction: If fundamental errors or new evidence are found, the court has the authority to overturn the entire conviction, leading to a new trial or potentially complete exoneration. 2. Reduction or modification of the sentence: The court may lower the original sentence based on the arguments and evidence presented, resulting in a shorter period of incarceration or a less severe punishment. 3. Correction of errors: If the motion successfully highlights errors in the imposed sentence, the court can revise the errors, ensuring the accuracy and legality of the sentence. In conclusion, the Guam Motion to Vacate, Set Aside, Modify or Correct a Sentence provides individuals in federal custody in Guam with an avenue to challenge their conviction or sentence. By filing this motion on pertinent grounds, such as legal errors, newly discovered evidence, or constitutional violations, individuals can seek relief from unjust outcomes. Depending on the specific circumstances and objectives, different types of motions can be filed, leading to various potential outcomes, including the vacation, modification, or correction of a sentence.
