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.
Allegheny County, Pennsylvania is a county located in the southwestern part of the state. It is home to the city of Pittsburgh, which serves as the county seat. Allegheny County has a rich history and is known for its diverse population, vibrant culture, and economic significance. When it comes to legal matters, including federal custody cases, individuals in Allegheny County may need to consider filing a Motion to Vacate, Set Aside, Modify, or Correct a Sentence. This motion aims to challenge and seek relief from a previous ruling or sentencing in a federal criminal case. In Allegheny County, just like in other jurisdictions, individuals in federal custody are given the opportunity to petition the court for various reasons. Let's explore the possible types of motions that can be filed in federal court: 1. Motion to Vacate: This type of motion seeks to completely overturn or invalidate a previous sentence or conviction. It is typically based on the grounds of legal errors, constitutional violations, or newly discovered evidence that, if presented earlier, could have changed the outcome of the case. 2. Motion to Set Aside: This motion aims to set aside a previous conviction, usually based on procedural errors during the trial or sentencing process. Individuals may argue that their legal rights were violated, such as ineffective assistance of counsel, prosecutorial misconduct, or jury tampering. 3. Motion to Modify: If an individual believes that their sentence was too harsh or unfair, they can file a motion to modify the sentence. This type of motion typically requests a reduction in the length or severity of the sentence based on factors such as personal circumstances, demonstrated rehabilitation, or sentencing guidelines changes. 4. Motion to Correct: This motion addresses errors in the sentencing process, such as mistakes in calculating the appropriate sentence under federal guidelines or errors in the recording or calculation of prior convictions. The purpose is to correct these errors and potentially obtain a more accurate sentence, which may lead to a shorter period of incarceration. When filing any of these motions, it is crucial to have adequate legal representation and a thorough understanding of the federal rules and procedures. Working with an experienced attorney who specializes in federal criminal defense in Allegheny County is highly recommended. Navigating the Allegheny Pennsylvania Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody can be complex. It is important for individuals to consult with legal professionals and gather all necessary evidence to support their case. By engaging in this legal process, individuals can seek justice and potentially achieve a more favorable outcome for their federal custody situation.
