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.
A New Jersey Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody is a legal process that allows a person convicted of a federal crime in New Jersey to challenge their sentence. This motion is typically filed with the court that imposed the original sentence and aims to address errors, injustices, or newly discovered evidence that may have affected that sentence. There are several types of New Jersey Motions to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody: 1. Ineffective Assistance of Counsel: This type of motion argues that the defendant's lawyer provided an inadequate level of representation during the trial or sentencing phase, which resulted in a violation of the defendant's constitutional right to effective counsel. 2. Newly Discovered Evidence: This motion is filed when new evidence surfaces after the trial that could potentially exonerate the defendant or have a significant impact on the original sentence. 3. Violation of Constitutional Rights: This motion alleges that the defendant's sentence was based on a violation of their constitutional rights, such as a violation of due process or a violation of their rights against cruel and unusual punishment. 4. Sentencing Error: This type of motion challenges errors made by the court during the sentencing phase, such as miscalculating the applicable sentencing guidelines or basing the sentence on incorrect information. 5. Change in Law: If there has been a change in the law after the defendant's conviction or sentencing that renders their sentence illegal or unjust, this type of motion can be filed to request a modification or correction. When filing a New Jersey Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody, it is crucial to include relevant supporting arguments and evidence to strengthen the motion's credibility. This may involve citing legal precedents, presenting affidavits, witness testimony, or expert opinions that support the grounds for challenging the sentence. It is important to note that the process and requirements for filing these motions may vary, and individuals seeking to file such a motion are advised to consult with an experienced attorney who specializes in federal criminal law in New Jersey.
