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 Collin Texas Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody is a legal procedure that allows individuals who are currently in federal custody in Collin County, Texas, to request the court to review and potentially modify their sentence. This motion is typically filed when the individual believes that their sentence was unlawfully imposed, is unjust, or seeks relief based on newly discovered evidence. The most common types of Collin Texas Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody are: 1. Motion to Vacate: This type of motion seeks to have the court completely overturn the conviction or sentence, arguing that it was fundamentally flawed or unconstitutional. 2. Motion to Set Aside: This motion aims to have the court nullify or void the conviction or sentence due to legal errors or violations of the individual's constitutional rights during the trial or sentencing phase. 3. Motion to Modify: In cases where the individual believes that their sentence is too severe or disproportionate, this motion seeks to have the court reduce or modify the sentence to a more appropriate and justifiable one. 4. Motion to Correct: This motion is used to request the court to correct errors or omissions in the original sentence, such as miscalculations of credit for time served, incorrect application of sentencing guidelines, or clerical mistakes. To file a Collin Texas Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody, the individual must provide valid legal grounds to support their request. This may include demonstrating violations of constitutional rights, presenting evidence of ineffective assistance of counsel, proving new evidence that could have affected the outcome of the trial, or showing errors in the original sentencing process. It is important to note that filing this motion does not guarantee a change in the sentence. The court will thoroughly review the motion, consider any arguments presented, and make a decision based on the merits of the case. If you or someone you know is in federal custody in Collin County, Texas, and believes that their sentence should be vacated, set aside, modified, or corrected, it is essential to consult with an experienced criminal defense attorney. They can guide you through the complex legal process, assess the validity of your claims, and help build a strong motion to achieve the desired outcome.
