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.
Riverside, California is a bustling city located in Southern California's Inland Empire region. Known for its stunning landscapes, rich culture, and diverse community, Riverside has much to offer both residents and visitors alike. However, in some unfortunate instances, individuals may find themselves in federal custody due to a sentencing they believe was unjust or in need of correction. In such cases, it is crucial to be familiar with the legal process of filing a Riverside California Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody. A motion to vacate, set aside, modify or correct a sentence is a legal procedure that allows individuals in federal custody to challenge the validity or fairness of their sentence. It provides an opportunity for incarcerated individuals to request a review or reevaluation of their case by the court, aiming to rectify any errors, constitutional violations, or newly discovered evidence that may have influenced the initial sentencing. The Riverside California Motion to Vacate, Set Aside, Modify or Correct a Sentence allows for an individual to seek relief in pursuing justice and ensuring a fair outcome. There are several types of motions that fall under the umbrella of a Riverside California Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody. Some of these motions include: 1. Motion to Vacate Sentence: This motion aims to completely void the existing sentence and request a new sentencing hearing. It can be filed when there is substantial evidence of procedural errors, constitutional violations, or other factors that render the original sentence invalid. 2. Motion to Set Aside Sentence: This type of motion seeks to overturn the original sentence and dismiss the charges altogether. It is typically filed when substantial legal errors, misconduct, or new evidence comes to light, which raises doubts about the validity of the conviction. 3. Motion to Modify Sentence: A motion to modify a sentence is filed to request a reduction in the length or severity of the original sentence. It can be submitted if there are substantial grounds or circumstances that warrant a reconsideration of the imposed sentence. 4. Motion to Correct Sentence: This motion addresses errors or omissions in the original sentence that do not require a complete vacation, setting-aside, or modification. It is often used to rectify clerical errors, calculation mistakes, or inconsistencies within the sentencing documents. By filing a Riverside California Motion to Vacate, Set Aside, Modify or Correct a Sentence, individuals in federal custody can advocate for justice and ensure their constitutional rights are protected. Engaging in this legal process can provide an opportunity for individuals to challenge irregularities in their case and potentially secure a more favorable outcome. It is crucial to consult with an experienced attorney well-versed in federal law and familiar with the specific requirements and procedures involved in Riverside, California. Always seek professional legal advice for your unique circumstances.
