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.
Iowa Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody In Iowa, a person who is currently in federal custody has the right to file a Motion to Vacate, Set Aside, Modify or Correct a Sentence. This legal process allows individuals to challenge their sentence based on various grounds and seek relief from their current imprisonment. The Iowa Motion to Vacate, Set Aside, Modify or Correct a Sentence can be filed under different circumstances, including: 1. Ineffective Assistance of Counsel: If a person believes that their defense attorney provided inadequate representation, resulting in a violation of their constitutional rights or an unjust sentence, they can file a motion based on ineffective assistance of counsel. This can include errors during the trial process, failure to investigate crucial evidence, or failure to provide competent legal advice. 2. Constitutional Violations: If there were constitutional violations in the person's case, such as a violation of their Fourth, Fifth, or Sixth Amendment rights, a motion to vacate, set aside, modify or correct a sentence can be filed. For example, if evidence was obtained through an illegal search and seizure, or if the defendant's right to a fair trial was violated, such as the withholding of exculpatory evidence. 3. Newly Discovered Evidence: If new evidence is discovered that could have had a significant impact on the person's case and likely would have led to a different outcome had it been presented at trial, a motion can be filed based on newly discovered evidence. This evidence must not have been available or known to the person at the time of trial. 4. Sentencing Errors: A motion to modify or correct a sentence can be filed if there were errors made during the sentencing process. This can include miscalculations of the applicable sentencing guidelines, incorrect application of enhancements, or any other error that resulted in an unjust sentence. 5. Changes in the Law: A person in federal custody can file a motion to vacate, set aside, modify or correct a sentence if there have been changes in the law that render their current sentence illegal or unconstitutional. These changes may include new rulings by higher courts or changes in legislation that directly affect the person's case. It is essential for individuals in federal custody in Iowa to understand their rights and explore all available options to challenge their sentence. Filing a Motion to Vacate, Set Aside, Modify or Correct a Sentence can be a complex legal process that requires extensive knowledge of federal law and court procedures. Seeking assistance from a qualified attorney experienced in federal criminal law is highly recommended navigating through this process successfully.
