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.
Indiana Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody is a legal recourse available to individuals who are currently serving a federal prison sentence in Indiana. This motion seeks to challenge and potentially amend the sentence imposed by the court. Let's explore the various types of motions that fall under this category: 1. Motion to Vacate: This type of motion requests the court to completely overturn or void the sentence imposed on the defendant. It asserts that there were significant legal errors or constitutional violations during the trial or sentencing process that merited the sentence being invalidated. 2. Motion to Set Aside: A motion to set aside aims to overturn the conviction of the individual based on errors, misconduct, or other circumstances that affected the fairness of the trial. It asserts that the defendant's constitutional rights were violated, such as ineffective assistance of counsel, newly discovered evidence, or governmental misconduct. 3. Motion to Modify: A motion to modify a sentence seeks to modify the terms or length of the original sentence imposed by the court. It typically argues that there have been significant changes in the defendant's circumstances or legal circumstances that warrant a reduction in the severity or duration of the sentence. 4. Motion to Correct: This motion focuses on correcting errors or omissions in the sentence itself, such as clerical or technical mistakes made by the court. It does not challenge the validity of the conviction but seeks to rectify any inaccuracies in the written order or judgment. When filing any of these motions, it is crucial to comply with the specific procedural requirements and deadlines set by the court. It is highly recommended consulting with an experienced attorney who specializes in federal criminal law to ensure the motion is properly prepared and presented effectively in court. In conclusion, the Indiana Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody encompasses various types of motions that can challenge and potentially amend a federal prison sentence. These motions focus on factors such as legal errors, constitutional violations, change of circumstances, or corrections to clerical mistakes within the sentence. Seeking the guidance of a skilled attorney is crucial when navigating this complex legal process.
