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.
Title: Understanding the Massachusetts Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody Keywords: Massachusetts, motion to vacate, set aside, modify, correct, sentence, federal custody Introduction: The Massachusetts Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody is a legal process that allows individuals who are serving a federal prison sentence in Massachusetts to challenge the validity or appropriateness of their sentence. This motion provides an opportunity to seek relief from unjust sentences, incorrect application of laws, or violations of constitutional rights. Let's explore the various types of motions available within Massachusetts. Types of Massachusetts Motions to Vacate, Set Aside, Modify, or Correct a Sentence: 1. Collateral Attack Motion: This type of motion is commonly filed under 28 U.S.C. § 2255 by individuals who believe their sentence was imposed in violation of the Constitution, was obtained through ineffective assistance of counsel, or was based on incorrect or incomplete information. A collateral attack motion aims to challenge the legality of the underlying conviction or sentence. 2. Writ of Habeas Corpus Motion: This type of motion can be filed under 28 U.S.C. § 2241 and focuses on challenging the jurisdiction or legality of the confinement itself. A writ of habeas corpus motion can address issues such as actual innocence, due process violations, or jurisdictional problems within the federal court system. 3. Motion for Reduction of Sentence: In certain circumstances, an individual serving a federal prison sentence can file a motion to seek a reduction in their sentence. Common grounds for reduction include substantial assistance in the investigation or prosecution of others, changes in sentencing guidelines, or reform efforts aimed at reducing sentences for certain offenses. 4. Motion for Re sentencing: This type of motion seeks a complete resentencing for an individual based on new evidence, changes in law, or other factors. Re sentencing motions typically focus on demonstrating that a new sentence would be more just, appropriate, or in alignment with evolving legal principles. 5. Motion for Correction of Sentence: Individuals who identify factual errors or mistakes in their sentence, such as miscalculations of the advisory guideline range, incorrect enhancements, or other errors, can file a motion seeking corrections to accurately reflect the intended sentence. Conclusion: The Massachusetts Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody provides a legal avenue for challenging unjust or inappropriate sentences. By filing these motions, individuals have the opportunity to rectify any violations of their rights, correct sentencing errors, or seek fair adjustments based on changes in circumstances. It is crucial to consult with an experienced attorney to navigate the complex process effectively and ensure the best chances of success in obtaining relief.
