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.
A San Antonio Texas Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody is a legal procedure available to individuals who have been convicted of a federal offense in the San Antonio area. This motion allows eligible individuals to challenge their sentence or seek relief from certain aspects of their conviction. Keywords: San Antonio Texas, Motion to Vacate, Set Aside, Modify, Correct, Sentence, Person, Federal Custody 1. Overview of the Motion to Vacate, Set Aside, Modify, or Correct a Sentence: The Motion to Vacate, Set Aside, Modify, or Correct a Sentence is a legal process that allows individuals in federal custody to challenge or seek relief from their conviction or sentence in San Antonio, Texas. This motion provides a way for eligible individuals to present compelling evidence or legal arguments to the court and potentially obtain a more favorable outcome in their case. 2. Eligibility Criteria for Filing the Motion: To file a Motion to Vacate, Set Aside, Modify, or Correct a Sentence in San Antonio, Texas, a person must meet certain eligibility criteria. These criteria may include being in federal custody, having been convicted of a federal offense, and meeting specific time limitations for filing the motion. 3. Grounds for Filing the Motion: Various grounds exist for filing a Motion to Vacate, Set Aside, Modify, or Correct a Sentence in San Antonio. Some common grounds may include but are not limited to: ineffective assistance of counsel, newly discovered evidence, constitutional violations, sentencing errors, violations of due process, or issues related to changes in the law that could impact the original conviction. 4. Types of Motions to Vacate, Set Aside, Modify, or Correct a Sentence: Aside from the general Motion to Vacate, Set Aside, Modify, or Correct a Sentence, there may be specific types of motions available in San Antonio, Texas, based on different circumstances. Some of these motions include: — Motion to Vacate Conviction: This motion seeks to overturn the conviction due to errors or new evidence. — Motion to Set Aside Sentence: This motion aims to request the court to rescind or nullify the imposed sentence. — Motion to Modify Sentence: This motion involves seeking a change or adjustment to the original sentence, such as reducing the length or modifying its conditions. — Motion to Correct Sentence: This motion focuses on rectifying errors or inaccuracies in the original sentence, such as miscalculations of time served or incorrect enhancements. 5. Filing Process and Legal Representation: Filing a Motion to Vacate, Set Aside, Modify, or Correct a Sentence in San Antonio, Texas, requires adherence to specific rules and procedures. It is essential to enlist the assistance of an experienced attorney well-versed in federal criminal law to navigate the complexities of the motion accurately and increase the chances of success. In conclusion, a San Antonio Texas Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody is a legal mechanism for individuals in federal custody convicted of federal offenses to challenge or seek relief from their conviction or sentence. The motion may encompass various types, depending on the desired relief, and it is crucial to meet the eligibility criteria and follow the appropriate legal procedures with the assistance of an attorney specialized in federal criminal law.
