A Nebraska Motion to Vacate/Set Aside Sentence (Motion Under 28 U.S.C. Sec. 2255) is a motion that is filed by a convicted defendant in a federal court in Nebraska to have a criminal conviction or sentence vacated or set aside. The motion is filed under Section 2255 of Title 28 of the United States Code and is commonly referred to as a Section 2255 Motion. This type of motion is typically used to challenge a conviction or sentence based on constitutional or legal grounds. The motion must be filed within one year of the date of the conviction or sentence, or one year from the date that the Supreme Court denies certiorari if the defendant has filed an appeal. There are two types of Nebraska Motion to Vacate/Set Aside Sentence (Motion Under 28 U.S.C. Sec. 2255): 1. Motion to Vacate Sentence: This type of motion is filed to challenge the conviction or sentence because it was imposed in violation of the Constitution or laws of the United States. This could include claims of ineffective assistance of counsel or ineffective assistance of plea bargaining, as well as other constitutional arguments. 2. Motion to Set Aside Sentence: This type of motion is filed to challenge the conviction or sentence because it was imposed in an excessive or disproportionate manner. This could include claims of excessive or disproportionate sentences, as well as other non-constitutional arguments.
Nebraska Motion to Vacate/Set Aside Sentence (Motion Under 28 U.S.C. Sec. 2255)
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