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 Wake North Carolina Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody is a legal procedure that allows individuals who are currently in federal custody in Wake County, North Carolina, to seek relief and challenge their sentence. This motion can be filed under certain circumstances and may result in a verdict being overturned, a sentence being modified, or other adjustments to the defendant's case. There are different types of Wake North Carolina Motions to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody, including: 1. Ineffective Assistance of Counsel: This type of motion argues that the defendant's constitutional right to effective legal representation was violated, either due to the incompetence or negligence of their defense attorney. 2. Newly Discovered Evidence: If new evidence is brought to light, which could have had a significant impact on the defendant's case, this type of motion can be filed. The evidence must not have been available during the original trial and must be substantial enough to potentially change the outcome. 3. Constitutional Violations: When there is a claim that constitutional rights were violated during the trial, such as denial of due process, illegal searches or seizures, or violations of the Fourth Amendment, a motion to vacate, set aside, modify, or correct a sentence can be made based on these grounds. 4. Sentencing Errors or Changes: In certain cases, a defendant may argue that the imposed sentence was excessive, disproportionate, or based on incorrect information. This type of motion seeks to modify or correct the sentence accordingly. 5. Brady Violations: If the prosecution withheld or failed to disclose exculpatory evidence — evidence that could have aided the defense — a motion to vacate, set aside, modify, or correct a sentence can be filed based on a Brady violation. It's important to note that filing a Wake North Carolina Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody is a complex legal process that often requires the assistance of an experienced attorney. Each motion will have its unique requirements, and the success of the motion will depend on various factors such as the strength of arguments, supporting evidence, and adherence to procedural rules.
