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.
Connecticut Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody In Connecticut, a person in federal custody who believes there has been a mistake or an unlawful sentencing decision can file a Motion to Vacate, Set Aside, Modify or Correct their sentence. This legal recourse allows individuals to challenge their conviction or the length of their sentence based on specific grounds recognized by the court. The Motion to Vacate, Set Aside, Modify or Correct a Sentence is governed by federal laws and procedures. It is commonly known as a Section 2255 Motion, referring to Section 2255 of Title 28 of the United States Code. This motion provides a mechanism for individuals to assert their rights and seek relief from an unjust sentence. There are different types of Connecticut Motions to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody. Here are some of the most common ones: 1. Ineffective Assistance of Counsel: A defendant may argue that their attorney's performance during their trial or appeal was inadequate, and as a result, their constitutional rights were violated. They may cite instances of errors, conflicts of interest, failure to investigate crucial evidence, or failure to present favorable witnesses or legal arguments. 2. Newly Discovered Evidence: If new evidence emerges that could significantly impact the outcome of the case, a defendant can file a motion based on this ground. The evidence must not have been reasonably available at the time of the trial or previously discovered through due diligence. 3. Constitutional Violations: This type of motion asserts that the defendant's constitutional rights were violated during the trial, leading to an erroneous conviction or sentence. Examples may include violations of the Fourth Amendment (unlawful search and seizure), Fifth Amendment (self-incrimination), or Sixth Amendment (right to counsel). 4. Sentencing Errors: A motion can be filed if there was an error in the calculation of the sentence imposed by the court. This may involve issues such as incorrect application of the sentencing guidelines, miscalculated criminal history, or wrongly determined enhancements or mandatory minimum sentences. 5. Actual Innocence: In rare cases, a defendant may present evidence showing their actual innocence, indicating that they were wrongfully convicted or that new evidence emerged after their trial which exonerates them. It is crucial to note that filing a Motion to Vacate, Set Aside, Modify or Correct a Sentence can be a complex legal process. It requires thorough knowledge of federal laws, procedural rules, and case precedents. Therefore, it is strongly advised that individuals in federal custody seek the assistance of an experienced attorney who specializes in post-conviction relief to navigate through the process effectively. By utilizing the appropriate Connecticut Motion to Vacate, Set Aside, Modify or Correct a Sentence, individuals in federal custody can challenge the legality, validity, or fairness of their imprisonment, ultimately seeking a remedy to rectify any injustices they may have faced.
