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.
Los Angeles California Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody allows individuals who are in federal custody to challenge their sentences based on certain grounds. This legal procedure provides an opportunity for convicted individuals to raise issues relating to the legality, constitutionality, or fairness of their sentencing. Let's take a closer look at this process in detail. A Motion to Vacate, Set Aside, Modify, or Correct a Sentence is a formal request made to the court to review and potentially alter a previous sentence imposed on an individual in federal custody. It may be filed by the person directly affected or their legal representative. This motion asserts that there was an error or violation of the person's rights during the sentencing process that justifies the need for remedial action. In Los Angeles, California, several types of motions related to sentences in federal custody can be pursued: 1. Motion to Vacate: This motion seeks to have the entire sentence overturned or dismissed and the conviction set aside. It generally argues that the conviction was obtained illegally or unconstitutionally. 2. Motion to Set Aside: Similar to a motion to vacate, this requests that the conviction be declared void, but it often focuses on procedural or technical errors that occurred during the trial, such as ineffective assistance of counsel, juror misconduct, or newly discovered evidence. 3. Motion to Modify: This motion asks the court to alter the original sentence to a lesser punishment. It typically presents new circumstances, such as rehabilitation efforts, or highlights unfairness or disproportionality in the original sentence. 4. Motion to Correct: This motion aims to correct errors or mistakes made within the original sentence, such as miscalculations of guidelines, improper enhancements, or clerical errors. When filing any of these motions, it is essential to provide detailed arguments and supporting evidence to substantiate the claim. This may include citing constitutional violations, ineffective assistance of counsel, factual errors, or changes in law that would impact the sentence. Once the motion is filed in the appropriate federal district court in Los Angeles, the court will review the motion, along with any responses from the government, and decide whether to hold a hearing or rule solely based on the written submissions. The court has the authority to grant or deny the motion, as well as the discretion to modify the sentence if warranted. In conclusion, a Los Angeles California Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody provides individuals an opportunity to challenge their sentences based on legal, constitutional, or fairness grounds. These motions include different types such as a motion to vacate, set aside, modify or correct, each with its specific focus and arguments.
