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.
Bronx New York Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody is a legal process available to individuals who are in federal custody in the Bronx, New York area and wish to challenge their current sentence. This motion allows for the review and potential correction of errors, omissions, or violations of the person's constitutional rights during their trial or sentencing. The Bronx is one of the five boroughs of New York City and is located in the southern part of the state. As part of the federal court system, individuals who have been convicted of federal crimes and are serving their sentences in federal facilities within the Bronx jurisdiction have the option to file a motion to seek relief from their current sentence. Several types of motions fall under the purview of the Bronx New York Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody. These may include but are not limited to: 1. Motion to Vacate: This type of motion asserts that there was a fundamental error during the trial or sentencing phase, such as ineffective assistance of counsel, newly discovered evidence, or a violation of the person's constitutional rights. 2. Motion to Set Aside: This motion aims to have the entire conviction and sentence invalidated due to a significant legal flaw or violation of the defendant's rights that occurred during the entire proceedings. 3. Motion to Modify: This type of motion seeks a reduction in the current sentence based on circumstances that have changed since the original sentencing. This may include showing evidence of rehabilitation, cooperation with law enforcement, or other factors that warrant a sentence adjustment. 4. Motion to Correct: This motion seeks to correct an error or omission in the sentencing record, such as a mathematical error in calculating the duration of the sentence or an incorrect legal guideline used during the sentencing process. Filing a Bronx New York Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody requires careful consideration of the specific circumstances, applicable laws and legal arguments. It is advisable for individuals seeking to pursue this type of motion to consult with an experienced attorney who specializes in federal criminal defense. A skilled attorney can assess the individual's case, identify potential grounds for the motion, and advocate for their client's rights in court.
