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.
In Colorado, a Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody is a legal process through which an incarcerated individual seeks to challenge their conviction or sentence. This motion provides an opportunity for individuals to present compelling arguments and evidence that their conviction or sentence should be reconsidered due to certain legal errors, constitutional violations, or significant changes in the law. There are several types of Motion to Vacate, Set Aside, Modify, or Correct a Sentence that can be filed by a person in federal custody in Colorado. These include: 1. Motion to Vacate: This type of motion requests the court to vacate or annul the entire conviction and sentence, effectively declaring it void. It is usually based on claims such as ineffective assistance of counsel, newly discovered evidence, or constitutional violations during the trial process. 2. Motion to Set Aside: An incarcerated individual may file this motion to have their conviction set aside, but unlike vacating the entire sentence, it only seeks to rectify specific legal errors or constitutional violations that occurred during the trial or pleading stage. 3. Motion to Modify: This type of motion seeks a modification or reduction of an existing sentence. The incarcerated individual provides valid reasons to argue that their current sentence is unjust or overly harsh, usually due to changed circumstances such as rehabilitation efforts, cooperation with authorities, or positive behavioral changes while in custody. 4. Motion to Correct Sentence: This motion aims to rectify errors or mistakes made in the calculation of the sentence, such as incorrect application of sentencing guidelines, miscalculation of credit for time served, or improper enhancement of the sentence. To successfully file a Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody in Colorado, individuals should ensure that they thoroughly research and understand the applicable federal laws and rules governing such motions. They should consult with a knowledgeable attorney who can provide guidance on the specific requirements, deadlines, and necessary supporting documentation to strengthen their case. It is important to note that filing a motion does not guarantee a favorable outcome, as the court will carefully review the arguments, evidence, and relevant legal precedents before making a decision. However, this process offers an opportunity for individuals to seek justice, correct potential errors, and have their sentence reconsidered in light of changing circumstances or legal developments.
