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.
Maryland Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody In Maryland, individuals who are in federal custody have the option to file a Motion to Vacate, Set Aside, Modify, or Correct their sentence. This motion provides an avenue for petitioners to challenge their conviction and seek relief from certain aspects of their sentence. The primary purpose of this motion is to address any potential errors, constitutional violations, or newly discovered evidence that may have occurred during the trial or sentencing process. It allows individuals to assert their rights and argue that their sentence should be modified or vacated based on legitimate grounds. There are several types of Maryland Motions to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody: 1. Ineffective Assistance of Counsel: This motion can be filed if the petitioner believes their attorney provided ineffective representation, either through negligence, incompetence, or failure to provide crucial services during the trial. 2. Violation of Constitutional Rights: If the petitioner believes that their conviction or sentence is a result of a violation of their constitutional rights, such as due process violations, violations of the Fourth Amendment (unlawful search and seizure), or violations of the Fifth Amendment (self-incrimination), they can file this motion. 3. Newly Discovered Evidence: If the petitioner obtains new evidence that was not available during the trial and this evidence could have potentially affected the outcome of the case, they can file a motion based on newly discovered evidence. 4. Sentencing Errors: This type of motion can be filed to challenge errors in the calculation of the petitioner's sentence or to argue for a reduction in the length of the sentence based on factors such as the individual's rehabilitation, cooperation with authorities, or changes in sentencing guidelines. It's important to note that filing a Maryland Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody requires following specific procedures and adhering to time limitations. It is highly recommended that individuals seek the assistance of an experienced attorney to navigate this complex legal process effectively. If successful, the outcome of this motion can vary depending on the specific circumstances of the case. Possible outcomes may include the vacation of the conviction, modification of the sentence, a new trial, a reduction in sentence length, or other forms of relief deemed appropriate by the court. In conclusion, a Maryland Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody provides a valuable opportunity for individuals in federal custody to challenge their conviction or sentence based on various grounds. By filing this motion, petitioners can potentially secure relief and a more just outcome in their case.
