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.
The Vermont Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody is a legal process that allows individuals who are in federal custody in Vermont to challenge their sentences. This motion provides an opportunity for individuals to argue for a reduction or modification of their sentence based on various grounds, including constitutional violations, ineffective assistance of counsel, newly discovered evidence, or errors made during the sentencing process. One type of motion that can be filed is a motion to vacate. This motion seeks to completely overturn or invalidate the sentence imposed by the federal court. It can be based on various legal grounds, such as a violation of the defendant's constitutional rights or if there was a fundamental error in the sentencing process. If the motion to vacate is successful, the court will typically order a new sentencing hearing or give instructions to correct the errors that occurred. Another type of motion is a motion to set aside a sentence. This motion aims to have the court declare the sentence null and void due to certain legal defects. It can be based on factors such as newly discovered evidence that could have affected the sentencing decision or a procedural error that occurred during the sentencing process. If the motion to set aside a sentence is granted, the court may either order a new sentencing hearing or allow the defendant to withdraw their guilty plea. A motion to modify a sentence is yet another type of motion that can be filed by a person in federal custody in Vermont. This motion requests the court to change or alter the terms of the sentence that was originally imposed. It is typically based on new circumstances or evidence that justifies a reduction in the sentence. However, the court has discretion in deciding whether to grant a modification and may consider factors such as the nature of the offense, the defendant's criminal history, and any potential risk to the community. Lastly, a person in federal custody in Vermont may also file a motion to correct a sentence. This type of motion is typically used to rectify clerical errors or mistakes made in the official record of the sentence. It does not seek to challenge the underlying conviction or the length of the sentence, but rather aims to correct any inaccuracies or errors in the court's documentation. In conclusion, the Vermont Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody provides individuals with a legal avenue to challenge their sentences. Different types of motions, such as motions to vacate, set aside, modify, or correct, can be filed depending on the specific grounds for challenging the sentence. It is important for individuals in federal custody in Vermont to seek legal advice and support when considering filing such motions to navigate the complex legal process effectively.
