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.
Kansas Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody In the state of Kansas, individuals in federal custody have the right to file a motion to vacate, set aside, modify, or correct their sentence. This legal process allows them to seek relief from an unjust or incorrect sentence imposed by a federal court. It is crucial to understand the various types of motions that can be filed in order to effectively navigate this process. Types of Kansas Motions to Vacate, Set Aside, Modify, or Correct a Sentence: 1. Motion to Vacate: This type of motion is filed when an inmate believes that their sentence was imposed in violation of their constitutional rights or there was a fundamental defect in the proceedings. In some cases, it can be filed if there is new evidence that was not available during the trial or if there was prosecutorial misconduct. 2. Motion to Set Aside: This motion is typically utilized when an individual seeks to have their conviction set aside due to issues such as newly discovered evidence, ineffective assistance of counsel, or errors made during the trial process. It is important to note that the motion to set aside is usually filed within a specific timeframe after the conviction. 3. Motion to Modify: In certain situations, an inmate may file a motion to modify their sentence, seeking a reduction in the length or severity of their punishment. This motion is often presented based on significant changes in circumstances that have occurred since the original sentencing, demonstrating the need for a more lenient or reasonable sentence. 4. Motion to Correct: This motion is filed when there are errors or mistakes in the sentence that need to be rectified. It could involve correcting clerical errors, miscalculations of the sentence, or other technical errors present in the original judgment. When filing any of these motions, it is crucial to follow the specific procedural requirements set forth by the federal court. This typically involves drafting a written motion detailing the grounds for relief and supporting arguments, and filing it within the designated timeframe. Consulting with an experienced attorney who specializes in federal criminal law is highly recommended when filing a motion to vacate, set aside, modify, or correct a sentence. They can provide valuable guidance and knowledge to assist individuals in navigating the complexities of the legal process and increasing their chances of a successful outcome. Overall, a Kansas motion to vacate, set aside, modify, or correct a sentence by a person in federal custody offers an avenue for individuals to seek justice and rectification when they believe their sentence was unjust or erroneous. By understanding the different types of motions available, individuals can strategically pursue the relief they deserve.
