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 Pennsylvania Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody Introduction: A Pennsylvania Motion to Vacate, Set Aside, Modify, or Correct a Sentence is a legal application filed by an individual currently serving a federal prison sentence in Pennsylvania. This motion aims to challenge the validity or fairness of the sentencing process and seek relief from certain aspects of the sentence. This article will provide a comprehensive overview of this motion, explaining its purpose, process, and potential outcomes. 1. Understanding the Purpose of a Motion to Vacate, Set Aside, Modify, or Correct a Sentence: — Allow individuals in federal custody to challenge the legality or constitutionality of their sentence — Seek redress for errors, inadequate legal representation, or situations where sentencing laws have changed retroactively — Address claims of prosecutorial misconduct, ineffective assistance of counsel, or constitutional violations during the trial or sentencing phase 2. Types of Pennsylvania Motions to Vacate, Set Aside, Modify, or Correct a Sentence: a) Motion to Vacate: A motion requesting that the court invalidate the current sentence due to legal or constitutional errors that significantly affected the proceedings or the rights of the person in custody. b) Motion to Set Aside: A motion filed when substantial evidence demonstrates the sentence was unjustly imposed, often due to a violation of the defendant's constitutional rights or procedural errors during the trial. c) Motion to Modify: A motion seeking a reduction or alteration of the existing sentence based on specific circumstances like evidence of rehabilitation, cooperation with authorities, or the presence of extraordinary circumstances, such as a change in the law or personal situation. d) Motion to Correct: A motion requesting corrections to errors or omissions in the sentencing record, such as miscalculations of the sentence length, improper enhancements, or missing credits. 3. Process of Filing a Pennsylvania Motion to Vacate, Set Aside, Modify, or Correct a Sentence: a) Eligibility and time limits: Understanding the eligibility criteria and filing timeframes within which a motion must be submitted to seek relief. b) Grounds for filing: Explore the common grounds for filing, such as ineffective assistance of counsel, newly discovered evidence, procedural defects, or constitutional violations. c) Appointing counsel: Explaining the procedure for appointing legal representation if the person in custody cannot afford an attorney. d) Preparing and submitting the motion: A step-by-step guide on compiling necessary documents, drafting a persuasive motion, and submitting it to the appropriate court. e) Post-submission process: Discussing the potential responses from the court, such as scheduling a hearing, requesting additional information, or rendering a decision without a hearing. 4. Possible Outcomes and Considerations: a) Sentence reduction or modification: Understand the factors that may influence the court's decision and potential consequences. b) Rejection or dismissal: Explore reasons a motion may be denied and the possible recourse available for further appeals. c) Post-conviction relief alternatives: Highlight alternative avenues for seeking relief, such as habeas corpus petitions or seeking executive clemency. Conclusion: A Pennsylvania Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody provides an opportunity to challenge the validity and fairness of a federal prison sentence. Understanding the types of motions, filing requirements, and potential outcomes can empower individuals to seek redress and rectify any injustices that may have occurred during their sentencing process. Consulting with an experienced attorney is crucial for individuals considering such a motion to navigate the complex legal system effectively and increase their chances of success.
