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.
Cook Illinois Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody is a legal process that allows individuals in federal custody in Cook County, Illinois, to challenge the validity or fairness of their sentence. This motion can be filed by federal prisoners who believe that their sentence was wrongly imposed or that their rights were violated during the sentencing process. There are several types of Cook Illinois Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody, including: 1. Motion to Vacate: This type of motion seeks to have the court vacate or nullify the existing sentence imposed on the person in federal custody. The motion may be based on various grounds, such as ineffective assistance of counsel, newly discovered evidence, or constitutional violations. 2. Motion to Set Aside: This motion requests the court to set aside or annul the conviction itself, rather than just the sentence. It typically argues that there were errors during the trial process that resulted in an unjust conviction. 3. Motion to Modify: A motion to modify seeks to have the court alter or change the sentence that was previously imposed. The motion may argue for a reduced sentence based on factors such as changed circumstances, rehabilitation, or other compelling reasons. 4. Motion to Correct: This type of motion aims to correct errors or omissions in the sentence, such as inaccuracies in the calculation of the sentencing guidelines or improper enhancements. When filing a Cook Illinois Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody, certain procedures need to be followed. It is crucial to consult an experienced attorney who can guide the individual through the complex federal court system and ensure that all necessary documents and arguments are properly presented. It is important to understand that filing a motion does not guarantee a change in the sentence. The court will carefully review the motion, consider any responses from the prosecution, and make a determination based on the merits of the arguments presented. In conclusion, Cook Illinois Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody provides a legal avenue for individuals in federal custody to challenge the validity or fairness of their sentence. These motions can vary in nature and grounds depending on the specific circumstances, and it is crucial to seek legal counsel to navigate through the process effectively.
