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.
Houston, Texas, being a major city in the United States, has a well-developed legal system that caters to the needs of individuals in federal custody seeking to challenge or alter their sentences. One of the options available to them is filing a Motion to Vacate, Set Aside, Modify, or Correct a Sentence. A "Motion to Vacate, Set Aside, Modify, or Correct a Sentence" is a legal process through which a person held in federal custody in Houston, Texas, can seek relief from their current sentence. The motion can be filed for various reasons, including errors in the trial or sentencing process, newly discovered evidence, ineffective assistance of counsel, constitutional violations, or a change in the law that could impact the verdict or sentence. In Houston, Texas, different types of Motions to Vacate, Set Aside, Modify, or Correct a Sentence are available to individuals in federal custody: 1. Motion to Vacate: This motion seeks to have the court completely invalidate the sentence imposed on the individual. It is typically filed when there are errors in the trial process, such as misconduct by the prosecution, violation of the defendant's constitutional rights, or the discovery of new evidence that could potentially exonerate the defendant. 2. Motion to Set Aside: This motion aims to nullify the conviction itself but allows the court to resentence the defendant. It is often filed when there are procedural errors during the trial, such as a judge's incorrect jury instructions, the admission of improper evidence, or the unconstitutionality of a statute applicable to the case. 3. Motion to Modify: This motion requests the court to amend or alter the current sentence imposed on the individual. It can be based on various grounds, including changes in the defendant's circumstances, such as mental health issues, rehabilitation progress, or a significant change in the law that affects the severity of the offense. 4. Motion to Correct: This motion focuses on fixing specific errors in the record or sentence. It is typically filed when there are mistakes in the calculation of the sentence, the classification of the offense, or other clerical errors that need correction. Individuals in federal custody in Houston, Texas, should consult with an experienced attorney familiar with federal law to determine the appropriate type of Motion to Vacate, Set Aside, Modify, or Correct a Sentence based on their specific circumstances. The attorney will provide guidance throughout the process, help gather relevant evidence, and present compelling arguments to the court in support of the motion.
