South Carolina 2255 Motion to Vacate Set Aside or Correct Sentence AO 243
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FAQ
A 2255 motion is a way to obtain post-conviction relief, meaning it is used to seek release from a sentence imposed after a conviction. It is classified as collateral attack on your sentence as opposed to a direct attack upon the conviction.
Section 2255 provides that ?prisoners? may move for relief ?on 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
This motion asks the court to vacate the judgment in the criminal case. Depending on the issues raised in the motion, the motion asks the court for various things. If granted, a § 2255 motion may allow the court to re-sentence the defendant, give them a new trial, or (very rarely) enter a judgment of acquittal.
MOTION UNDER 28 U.S.C. § 2255. To use this form, you must be a person who is serving a sentence under a judgment against you in a federal court. You are asking for relief from the conviction or the sentence. This form is your motion for relief.
Section 2255 provides that ?prisoners? may move for relief ?on 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
18 U.S. Code § 2255 - Civil remedy for personal injuries U.S. Code US Law LII / Legal Information Institute.
§ 2255. Under these rules the person seeking relief from federal custody files a motion to vacate, set aside, or correct sentence, rather than a petition for habeas corpus.
28 U.S.C. 2255 Motion 2255 Specify all the grounds for relief available to the moving party; State the facts supporting each ground; State the relief requested; Be printed, typewritten, or legibly handwritten; and. Be signed under penalty of perjury by the movant or by a person authorized to sign it for the movant.