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.
Tennessee Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody: Explained In the state of Tennessee, a person in federal custody may file a motion to vacate, set aside, modify, or correct their sentence. This legal process allows an individual to challenge the validity of their conviction or sentence if they believe there was a violation of their constitutional rights or if there are other grounds for relief. It is crucial to understand the various types of motions available in Tennessee and how they may help individuals seeking justice. Let's delve into these motions and their significance: 1. Motion to Vacate: This motion seeks to have the sentence completely invalidated on the basis of errors or constitutional violations that occurred during the trial or sentencing process. It may address issues like ineffective assistance of counsel, newly discovered evidence, prosecutorial misconduct, or a violation of the defendant's constitutional rights. 2. Motion to Set Aside: This motion challenges the legal validity of a conviction or sentence due to legal errors. It aims to have the conviction or sentence declared null and void, often based on procedural errors, improper jury instructions, or the discovery of evidence that undermines the fairness of the trial. 3. Motion to Modify: This motion requests a change or reduction in the sentence imposed by the federal court. Individuals may seek modifications if circumstances have changed since the original sentencing, such as a significant change in their health, rehabilitation efforts, or new evidence that supports a different outcome. 4. Motion to Correct: This motion aims to have errors within the official record or documentation of the conviction or sentencing corrected. It may address mistakes in the calculation of the sentence, inaccuracies in the judgment, or errors in the recording or transcription of court proceedings. When filing any of these motions, it is essential to follow specific procedural rules and meet certain legal standards to ensure the motion's success. Individuals in federal custody may benefit from seeking the guidance of an experienced attorney who can navigate the complexities of the federal judicial system, assess the viability of their claims, and provide adequate representation during the motion proceedings. In conclusion, a Tennessee Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody offers individuals an avenue to challenge the validity and fairness of their convictions or sentences in federal court. Whether individuals believe their constitutional rights were violated, errors were made during their trial, or their circumstances have changed significantly, these motions provide opportunities for seeking justice and potentially obtaining relief.
