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.
Harris Texas 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 Harris County, Texas, to challenge their sentences. This motion provides an opportunity for the court to review and potentially revise a previous sentencing decision based on certain grounds or legal errors. Here are some key points about this motion: 1. Purpose and Eligibility: The motion aims to correct wrongful or unjust sentences imposed on individuals in federal custody in Harris County. Eligibility criteria for filing this motion typically include being currently incarcerated, having exhausted all other available appeals and post-conviction remedies, and identifying valid grounds for relief. 2. Grounds for Relief: Various grounds can be cited to support a Harris Texas Motion to Vacate, Set Aside, Modify, or Correct a Sentence. These may include constitutional violations, errors by defense counsel, misconduct by the prosecution, newly discovered evidence, ineffective assistance of counsel, or changes in relevant laws that could impact the sentence. 3. Different Types of Harris Texas Motions to Vacate, Set Aside, Modify, or Correct a Sentence: While the specific types may vary based on the circumstances of the case, some common examples include: a. Motion to Vacate: Seeks to completely overturn or invalidate the previous sentence due to legal errors or constitutional violations. b. Motion to Set Aside: Requests the court to annul or cancel the previous sentence on grounds such as newly discovered evidence or ineffective assistance of counsel. c. Motion to Modify: Seeks a modification of the original sentence by either reducing or increasing its severity. This could be based on factors such as changes in circumstances, new evidence, or sentencing errors. d. Motion to Correct: Aims to rectify errors or omissions in the sentencing process, such as miscalculations of the sentence length or incorrect application of sentencing guidelines. 4. Legal Process: Filing a Harris Texas Motion to Vacate, Set Aside, Modify, or Correct a Sentence typically involves several steps, including drafting the motion, serving copies to relevant parties, and presenting arguments to the court during a hearing. It is crucial to consult with an experienced attorney specializing in criminal law to navigate this complex process effectively. Overall, a Harris Texas Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody provides a potential avenue for individuals to seek redress for wrongful or unjust sentences in Harris County, Texas. By presenting valid grounds for relief, individuals can have their sentences reviewed and potentially revised in line with the principles of justice and fairness.
