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.
Texas Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody is a legal procedure available to individuals who are currently incarcerated in federal custody in Texas and wish to challenge their existing sentence. This legal motion allows the defendant to present arguments and evidence that may lead the court to reconsider or modify their sentence. There are several types of motions that can be filed in this context, each serving a specific purpose. 1. Motion to Vacate: A motion to vacate is filed when a person seeks to have their sentence nullified or set aside entirely. This motion can be based on various grounds, such as newly discovered evidence, constitutional violations, or ineffective assistance of counsel. 2. Motion to Set Aside: A motion to set aside typically aims to invalidate a conviction or sentence due to procedural errors or misconduct during the trial or sentencing phase. It is commonly filed when there is a claim of violation of the defendant's constitutional rights. 3. Motion to Modify: A motion to modify requests the court to amend or alter an existing sentence. This type of motion can be filed when there are substantial reasons to justify a reduction in the sentence, such as a change in circumstances or demonstrated rehabilitation. 4. Motion to Correct: A motion to correct seeks to rectify errors in the sentence or judgement itself. This motion can address mistakes made by the court, such as incorrect calculation of the sentence length, improperly imposed enhancements, or other technical errors. When filing any of these motions in Texas, it is crucial to adhere to the specific legal requirements and procedural guidelines set forth by federal law. The court will carefully consider the arguments and evidence presented by the defendant and make a decision based on its merits. It is advisable for individuals seeking to pursue any of these motions to consult with an experienced criminal defense attorney for guidance and representation throughout the process. By utilizing the appropriate type of motion and supporting it with relevant legal arguments and evidence, individuals in federal custody in Texas have the opportunity to challenge and potentially modify their existing sentence in pursuit of justice.
