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.
Hawaii Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody is a legal recourse available to individuals seeking to challenge the validity or fairness of their federal sentence in Hawaii. This motion allows a person in federal custody to request the court to review and potentially amend their sentence based on certain grounds. Here are the different types of Hawaii Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody: 1. Ineffective assistance of counsel: This type of motion asserts that the defendant's attorney provided ineffective representation, which negatively impacted the outcome of the case. Examples include failure to investigate, failure to present crucial evidence, or failure to provide competent advice during plea negotiations. 2. Violation of constitutional rights: Defendants can file a motion if they believe their constitutional rights were violated during their arrest, trial, or sentencing. This may include claims of violation of the Fourth Amendment (unlawful search and seizure), Fifth Amendment (self-incrimination), or Sixth Amendment (right to a fair trial, confrontation of witnesses, or assistance of counsel). 3. New evidence: If new evidence comes to light after the trial that could potentially affect the outcome or sentence, a motion can be filed. This evidence must be discovered after the trial and could not have been discovered or presented during the original proceedings. It must also be significant enough to likely result in a different verdict or sentence. 4. Sentencing error: This type of motion challenges the legality or appropriateness of the sentence imposed. It may claim that the court made an error in calculating the sentencing guidelines, misinterpreted or misapplied the law, or failed to take relevant factors into consideration during sentencing. 5. Rule 35 motion: Under Rule 35 of the Federal Rules of Criminal Procedure, a motion can be filed by a defendant to correct or modify their sentence within a specific time frame after conviction. This usually applies when a defendant provides substantial assistance to the government in prosecuting or investigating other crimes. It is crucial to consult with a legal professional experienced in federal criminal law to determine the specific requirements and procedures for filing a Hawaii Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody. Each case is unique, and the success of the motion depends on the specific circumstances and grounds presented.
