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.
The Louisiana Motion to Vacate, Set Aside, Modify, or Correct a Sentence is a legal procedure available to individuals in federal custody seeking to challenge or alter their existing sentences. This motion allows individuals to present arguments and evidence to the court, aiming to have their sentence vacated (set aside), modified, or corrected. There are several types of Louisiana Motion to Vacate, Set Aside, Modify, or Correct a Sentence that individuals in federal custody may file, each with its specific purpose and grounds for relief. It's important to understand the different types to determine the appropriate route to pursue. Some common types include: 1. Ineffective Assistance of Counsel: This type of motion asserts that the person's constitutional right to effective legal representation was violated during the trial or appeal process. It argues that the attorney's performance was deficient, and this deficiency resulted in an unfair or erroneous sentence. 2. Newly Discovered Evidence: This type of motion is filed when new evidence material to the case becomes available after the trial. The evidence should be such that it could not have been discovered before and would likely have had a significant impact on the verdict or sentencing. 3. Constitutional Violations: This motion claims that the individual's constitutional rights were violated during the trial or sentencing phase, such as violations of due process, equal protection, or excessive punishment. It may also address claims of prosecutorial misconduct or the judge's error in applying the law. 4. Sentencing Errors: This motion is based on errors made during the sentencing process itself. It may argue that the court miscalculated the sentencing guidelines, imposed an incorrect sentence, or overlooked relevant factors that would have influenced the sentence rendered. 5. Changes in Legislation or Case Law: This type of motion asserts that recent changes in legislation or new interpretations of existing case law should warrant a review or modification of the sentence. It relies on demonstrating that the sentence imposed at the time no longer aligns with current legal standards or precedents. When filing a Louisiana Motion to Vacate, Set Aside, Modify, or Correct a Sentence, individuals must prepare a well-documented motion supported by legal arguments and relevant evidence. It is crucial to consult with an experienced attorney who specializes in federal criminal defense to guide them through the process, ensure compliance with all legal requirements, and increase the chances of a successful outcome.
