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.
Hillsborough Florida Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody is a legal process that allows individuals who are incarcerated in federal custody in Hillsborough County, Florida, to challenge their sentences or convictions. This motion is particularly relevant for individuals seeking to remedy errors, constitutional violations, or new evidence that may have impacted their sentencing. There are several types of motions that can be filed by a person in federal custody in Hillsborough County, Florida, to seek relief from their sentence. Some of these include: 1. Motion to Vacate: This motion requests the court to declare a defendant's conviction and sentence null and void. It is usually based on claims of constitutional violations, ineffective assistance of counsel, or newly discovered evidence that undermines the conviction. 2. Motion to Set Aside: This motion seeks to have the court set aside or declare invalid the defendant's conviction or sentence. It is commonly filed when there is evidence of legal errors, misconduct by prosecutors, or a violation of the defendant's rights. 3. Motion to Modify: This motion asks the court to modify or amend the defendant's sentence. It may be filed when there are circumstances that have changed since the original sentencing, such as health issues, new mitigating factors, or changes in the law that may affect the original sentence. 4. Motion to Correct: This motion aims to correct factual errors, computational errors, or clerical mistakes in the defendant's sentence. It is usually filed when there are discrepancies or inaccuracies in the original judgment. When filing any of these motions, it is crucial for the person in federal custody to consult with an experienced attorney who specializes in federal criminal law and is familiar with the procedures specific to Hillsborough County, Florida. These motions require detailed legal arguments, supporting evidence, and adherence to specific court rules and deadlines. The outcome of a Hillsborough Florida Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody can vary depending on the merits of the case, the evidence presented, and the discretion of the court. If successful, it may result in a reduced sentence, a new trial, or even exoneration, depending on the circumstances and the relief sought. Overall, Hillsborough Florida Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody provides an essential avenue for individuals in federal custody to seek justice and remedy potential errors or injustices that may have occurred during their sentencing process.
