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.
Fairfax Virginia Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody refers to a legal procedure available to individuals who have been convicted of a federal crime in Fairfax, Virginia, and are currently serving a sentence in federal custody. This motion allows individuals to challenge the validity or appropriateness of their sentence based on various grounds, including legal errors, constitutional violations, new evidence, or changes in the law. Commonly known as a Section 2255 motion (referring to 28 U.S.C. § 2255), this legal remedy provides defendants an opportunity to seek relief from their sentence and potentially secure a fairer outcome. There are several types of Fairfax Virginia Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody that individuals can pursue, depending on their specific circumstances. 1. Ineffective Assistance of Counsel: This type of motion alleges that the defendant's constitutional right to effective assistance of counsel was violated, either due to the attorney's errors or omissions during the trial or appellate process. 2. Newly Discovered Evidence: If new evidence comes to light that was not available during the trial or appeal, and this evidence could have potentially impacted the outcome, a motion can be filed to vacate, set aside, modify, or correct the sentence. 3. Constitutional Violations: A motion can be filed if it can be demonstrated that the defendant's constitutional rights were infringed upon during the trial or sentencing process, such as violations of the Fourth, Fifth, or Sixth Amendments. 4. Sentencing Errors or Law Changes: If there were errors in the calculation of the sentence or changes in the law that could have affected the defendant's sentence, a motion can be filed to seek a modification or correction. 5. Actual Innocence: In certain cases, where new evidence emerges that proves the defendant's actual innocence, a motion can be filed to vacate the sentence entirely. It is important to note that filing a Fairfax Virginia Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody requires adherence to strict procedural rules and time limitations. It is advisable for individuals seeking this legal remedy to consult with an experienced federal criminal defense attorney who can guide them through the process and ensure their rights are protected.
