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.
Puerto Rico Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody is a legal process available to individuals who are incarcerated in federal prisons located in Puerto Rico. This motion allows them to request the court to reconsider their sentence based on certain grounds, seeking relief from their conviction or sentence. Here are some details and types of Puerto Rico Motion to Vacate, Set Aside, Modify or Correct a Sentence: 1. Overview: The Puerto Rico Motion to Vacate, Set Aside, Modify or Correct a Sentence provides individuals with a mechanism to challenge their conviction or sentence if they believe there were errors or constitutional violations during the proceedings. This motion is governed by the legal provisions of Puerto Rico and the federal rules that apply to motions under 28 U.S.C. § 2255. 2. Grounds for Filing: a. Ineffectiveness of counsel: A person in federal custody may file a motion alleging that their defense attorney provided ineffective assistance, such as failing to investigate, failing to pursue favorable defenses, or providing erroneous advice. b. Constitutional violations: If there were violations of the individual's constitutional rights during the trial, such as due process violations, prosecutorial misconduct, or violations of the Fourth, Fifth, Sixth, or Eighth Amendments, a motion can be filed. c. New evidence: If substantial new evidence emerges after the trial that could establish the individual's innocence or demonstrate a different sentence should be imposed, a motion can be filed based on this ground. d. Sentencing errors: Factual errors, misinterpretation of sentencing guidelines, or miscalculations resulting in an unjust sentence can be challenged through a motion. 3. Types of Motions: a. Motion to Vacate: Requests the court to declare the individual's conviction null and void, typically due to constitutional violations or ineffective assistance of counsel. b. Motion to Set Aside: Seeks to have the conviction or sentence set aside, usually based on newly discovered evidence or other grounds that make the conviction or sentence unjust. c. Motion to Modify: Requests the court to change the terms or duration of the sentence, often due to changes in circumstances or mitigating factors that were not properly considered during the original sentencing. d. Motion to Correct: Aims to correct clerical errors or mistakes in the judgment or sentence. It is important to consult with an experienced attorney specialized in federal criminal law and familiar with the procedures specific to Puerto Rico to navigate the complexities of filing a Puerto Rico Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody successfully. The availability and requirements of each type of motion may vary, and individual circumstances will play a crucial role in determining the appropriate course of action.
