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.
Keywords: Washington Motion to Vacate, Set Aside, Modify or Correct a Sentence, federal custody, types Title: Understanding the Washington Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody Introduction: In Washington state, a person in federal custody has the right to file a Motion to Vacate, Set Aside, Modify, or Correct their sentence. This legal process allows individuals to challenge the legality or validity of their sentence and seek relief. In the context of Washington, there are different types of motions that can be filed by individuals in federal custody. This article aims to provide a detailed description of the process and shed light on the various types of motions available. 1. Overview of the Motion to Vacate, Set Aside, Modify, or Correct a Sentence: The "Motion to Vacate, Set Aside, Modify, or Correct a Sentence" refers to the formal request made by a person in federal custody to challenge or alter their sentence. This motion can address issues such as constitutional violations, ineffective assistance of counsel, newly discovered evidence, or errors in the sentencing process. 2. Types of Washington Motion to Vacate, Set Aside, Modify, or Correct a Sentence: a) Ineffective Assistance of Counsel Motion: This type of motion argues that the defendant received inadequate legal representation, which ultimately resulted in an unfair or unconstitutional sentence. To succeed, the defendant must demonstrate that their attorney's performance fell below the reasonable standard expected, thereby prejudicing their case. b) Newly Discovered Evidence Motion: This motion is filed when new evidence, which could not have been discovered earlier, comes to light and has the potential to impact the defendant's guilt or the appropriateness of their sentence. The evidence must not have been previously known or accessible during the trial or the previous stages of the legal process. c) Constitutional Violations Motion: If a defendant believes that their sentence violated their constitutional rights, they can file a motion based on constitutional grounds. This could include violations of due process, equal protection, or cruel and unusual punishment. The motion will lay out the specific constitutional provisions that have been violated and their impact on the sentence. d) Sentencing Errors Motion: A motion based on sentencing errors alleges mistakes made by the court during the sentencing process. This may involve errors in the calculation of the sentence, improper consideration of aggravating or mitigating factors, or application of incorrect sentencing guidelines. 3. Procedure for Filing the Motion: To file a Motion to Vacate, Set Aside, Modify, or Correct a Sentence in Washington state, a person in federal custody must prepare a written motion outlining their specific claims and legal arguments. It is crucial to follow proper court procedures and meet deadlines. The motion should address the relevant type of motion (e.g., ineffective assistance of counsel) and provide supporting evidence, legal citations, and any relevant case law. Conclusion: The Washington Motion to Vacate, Set Aside, Modify, or Correct a Sentence provides individuals in federal custody with an avenue to challenge the legality or validity of their sentence. By understanding the different types of motions available, such as those based on ineffective assistance of counsel, newly discovered evidence, constitutional violations, or sentencing errors, individuals can advocate for their rights and seek relief from an unfair or incorrect sentence. It is important to consult with a qualified attorney to navigate this complex legal process effectively.
