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.
Title: Understanding Michigan Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody Introduction: The Michigan Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody is a legal process that allows individuals in federal custody in Michigan to challenge their sentences. This article will provide a detailed description of this motion, its purpose, and the different types of motions available. Keywords: Michigan motion to vacate, set aside, modify or correct a sentence, person in federal custody, legal process, challenge sentences I. Purpose of Michigan Motion to Vacate, Set Aside, Modify or Correct a Sentence: The primary aim of this motion is to address situations where individuals believe their sentences were unjust, improperly imposed, or violated their constitutional rights. It provides an avenue for convicted individuals to seek relief from their sentences or request modifications in light of new evidence, legal errors, or changes in the law. Keywords: Seek relief from sentences, judicial errors, constitutional rights, modifications, new evidence, legal errors, changes in the law II. Different Types of Michigan Motion to Vacate, Set Aside, Modify or Correct a Sentence: 1. Motion to Vacate: This motion seeks to have the court vacate or annul a previously imposed sentence, effectively erasing it from the individual's criminal record. It is usually based on constitutional violations, procedural errors, or newly discovered evidence that could have affected the outcome of the case. Keywords: Vacate a sentence, erase from criminal record, constitutional violations, procedural errors, newly discovered evidence 2. Motion to Set Aside: This motion asks the court to set aside the conviction itself, rather than just the sentence. It aims to overturn the conviction based on significant legal defects, constitutional deficiencies, or violations of the individual's rights during the trial or plea process. Keywords: Set aside a conviction, legal defects, constitutional deficiencies, trial rights, plea process 3. Motion to Modify: This motion seeks a modification of the existing sentence, often asking the court to reduce its severity. It may be based on factors such as the individual's exemplary conduct during incarceration, rehabilitative efforts, changed circumstances, or the need for a fairer and more proportionate punishment. Keywords: Modify an existing sentence, reduce severity, exemplary conduct, rehabilitative efforts, changed circumstances, fair and proportionate punishment 4. Motion to Correct: This motion aims to correct specific mistakes or errors made in the original sentence, such as inaccurate calculations of the sentence length, improper application of sentencing guidelines, or errors in judgment that resulted in an unjust sentence. Keywords: Correct mistakes or errors, inaccurate calculations, sentencing guidelines, errors in judgment, unjust sentence Conclusion: The Michigan Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody is an important legal remedy that allows individuals in Michigan's federal custody to challenge their sentences. By understanding this motion and its various types, individuals can take necessary steps to pursue justice, rectify errors, and potentially receive relief from unjust sentences. Keywords: Legal remedy, pursue justice, rectify errors, relief from unjust sentences
Title: Understanding Michigan Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody Introduction: The Michigan Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody is a legal process that allows individuals in federal custody in Michigan to challenge their sentences. This article will provide a detailed description of this motion, its purpose, and the different types of motions available. Keywords: Michigan motion to vacate, set aside, modify or correct a sentence, person in federal custody, legal process, challenge sentences I. Purpose of Michigan Motion to Vacate, Set Aside, Modify or Correct a Sentence: The primary aim of this motion is to address situations where individuals believe their sentences were unjust, improperly imposed, or violated their constitutional rights. It provides an avenue for convicted individuals to seek relief from their sentences or request modifications in light of new evidence, legal errors, or changes in the law. Keywords: Seek relief from sentences, judicial errors, constitutional rights, modifications, new evidence, legal errors, changes in the law II. Different Types of Michigan Motion to Vacate, Set Aside, Modify or Correct a Sentence: 1. Motion to Vacate: This motion seeks to have the court vacate or annul a previously imposed sentence, effectively erasing it from the individual's criminal record. It is usually based on constitutional violations, procedural errors, or newly discovered evidence that could have affected the outcome of the case. Keywords: Vacate a sentence, erase from criminal record, constitutional violations, procedural errors, newly discovered evidence 2. Motion to Set Aside: This motion asks the court to set aside the conviction itself, rather than just the sentence. It aims to overturn the conviction based on significant legal defects, constitutional deficiencies, or violations of the individual's rights during the trial or plea process. Keywords: Set aside a conviction, legal defects, constitutional deficiencies, trial rights, plea process 3. Motion to Modify: This motion seeks a modification of the existing sentence, often asking the court to reduce its severity. It may be based on factors such as the individual's exemplary conduct during incarceration, rehabilitative efforts, changed circumstances, or the need for a fairer and more proportionate punishment. Keywords: Modify an existing sentence, reduce severity, exemplary conduct, rehabilitative efforts, changed circumstances, fair and proportionate punishment 4. Motion to Correct: This motion aims to correct specific mistakes or errors made in the original sentence, such as inaccurate calculations of the sentence length, improper application of sentencing guidelines, or errors in judgment that resulted in an unjust sentence. Keywords: Correct mistakes or errors, inaccurate calculations, sentencing guidelines, errors in judgment, unjust sentence Conclusion: The Michigan Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody is an important legal remedy that allows individuals in Michigan's federal custody to challenge their sentences. By understanding this motion and its various types, individuals can take necessary steps to pursue justice, rectify errors, and potentially receive relief from unjust sentences. Keywords: Legal remedy, pursue justice, rectify errors, relief from unjust sentences
