Texas Motion To Vacate, Set Aside, Or Correct Sentence, 28 U.S.C. 2255

State:
Texas
Control #:
TX-ED-AO-243
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PDF
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Description Vacate Set Aside

Motion To Vacate, Set Aside, Or Correct Sentence, 28 U.S.C. 2255 Texas Motion To Vacate, Set Aside, Or Correct Sentence, 28 U.S.C. 2255 is a motion filed in the U.S. District Court of Texas by a federal prisoner to have a criminal conviction or sentence vacated, set aside, or corrected. This motion is typically used when a prisoner believes their conviction or sentence is the result of a constitutional violation, such as ineffective assistance of counsel or a violation of the ex post facto clause. It is also sometimes used to challenge a sentence imposed in violation of the plea agreement. There are two types of motions available under this statute: a direct motion and a writ of habeas corpus. A direct motion is filed directly with the court and can be used to challenge the legality of a conviction or sentence. A writ of habeas corpus is an order from the court that requires the government to explain why a prisoner is being held in custody.

Texas Motion To Vacate, Set Aside, Or Correct Sentence, 28 U.S.C. 2255 is a motion filed in the U.S. District Court of Texas by a federal prisoner to have a criminal conviction or sentence vacated, set aside, or corrected. This motion is typically used when a prisoner believes their conviction or sentence is the result of a constitutional violation, such as ineffective assistance of counsel or a violation of the ex post facto clause. It is also sometimes used to challenge a sentence imposed in violation of the plea agreement. There are two types of motions available under this statute: a direct motion and a writ of habeas corpus. A direct motion is filed directly with the court and can be used to challenge the legality of a conviction or sentence. A writ of habeas corpus is an order from the court that requires the government to explain why a prisoner is being held in custody.

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28 Usc 2255