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.
An Ohio Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody is a legal petition filed by an individual who is serving a sentence in the federal prison system in Ohio. This motion provides an opportunity for the petitioner to challenge the validity or fairness of their sentence and request relief from the court. There are several types of motions that a person in federal custody can file to seek relief from their sentence. These include: 1. Motion to Vacate: This type of motion aims to have the court completely set aside or overturn the sentence imposed on the petitioner. The motion typically argues that there were errors during the sentencing process, constitutional violations, or new evidence that could have influenced the outcome. 2. Motion to Set Aside: Similar to a motion to vacate, a motion to set aside seeks to nullify the current sentence. However, this type of motion often focuses on procedural errors committed by the court or prosecution during the criminal proceedings that led to the sentence. If successfully granted, this motion may result in a new trial or resentencing. 3. Motion to Modify: When a petitioner believes that their sentence was excessively harsh or that there have been significant changes in their circumstances since their sentencing, they can file a motion to modify their sentence. The motion argues for a reduction in the length or terms of the sentence based on various factors such as rehabilitation efforts, good behavior, or changes in the law. 4. Motion to Correct: This motion focuses on correcting factual errors or mistakes made in the sentencing or judgment. It may involve clarifying or modifying aspects of the sentence to accurately reflect the court's intended ruling, correcting inaccurate information, or addressing clerical errors in the original judgment. To file an Ohio Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody, the petitioner needs to prepare a comprehensive written argument supported by legal authority, facts, and evidence. It is crucial to consult with an experienced attorney who specialized in federal criminal law to navigate the complexities of the process and maximize the chances of success. By strategically utilizing the appropriate motion based on the specific circumstances of the case, individuals in federal custody in Ohio can seek relief from unduly harsh sentences, constitutional violations, procedural errors, or changes in circumstances. These motions provide a legal avenue to address potential injustices and ensure fair treatment within the federal criminal justice system.
