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.
A Broward Florida Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody is an important legal process available to individuals who are incarcerated in federal prisons in Broward County, Florida. This motion offers a chance to challenge and seek relief from any errors or violations of constitutional rights that may have occurred during their sentencing. Keywords: Broward Florida, Motion to Vacate, Set Aside, Modify, Correct a Sentence, Federal Custody 1. Broward Florida Motion to Vacate Sentence: One type of motion available to individuals in federal custody in Broward County, Florida, is a Motion to Vacate a Sentence. This motion allows the person to request the court to overturn their current sentence due to errors, constitutional violations, or newly discovered evidence. 2. Broward Florida Motion to Set Aside Sentence: Another type of motion is a Motion to Set Aside a Sentence. This motion can be filed when a person believes that their sentence was imposed in an illegal, unfair, or unjust manner. It provides an opportunity for the court to review and reconsider the original sentence. 3. Broward Florida Motion to Modify Sentence: Additionally, individuals in federal custody in Broward County, Florida, may file a Motion to Modify their Sentence. This motion is typically used when there is a change in circumstances, such as new evidence, changes in the law, or rehabilitation progress, which may warrant a reduction in the original sentence. 4. Broward Florida Motion to Correct Sentence: Lastly, a Motion to Correct a Sentence is another type of motion available to those in federal custody in Broward County, Florida. This motion allows the person to request the court to correct any errors or mistakes in the original sentence, such as incorrect calculation of the sentence length or inclusion of improper enhancements. When filing any of these motions, it is crucial to have a thorough understanding of the legal procedures, requirements, and deadlines. It is essential to consult with an experienced attorney who specializes in federal criminal law and has expertise in handling motions to vacate, set aside, modify, or correct a sentence. Navigating the complex legal landscape of federal custody requires diligent research, adherence to procedural rules, and proper citations of relevant case law. Understanding the different types of motions available to individuals in Broward County, Florida, enables them to make informed decisions and assert their rights effectively.
