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.
Missouri Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody is a legal process that allows an individual imprisoned in a federal facility in Missouri to challenge their conviction or sentence. This motion provides an avenue for individuals to seek relief from their sentence under certain circumstances, such as constitutional violations, newly discovered evidence, or ineffective assistance of counsel. Missouri recognizes several types of motions to vacate, set aside, modify, or correct a sentence, which include: 1. Motion to Vacate: This type of motion aims to have the court nullify or invalidate the conviction and/or sentence imposed on the petitioner. It is typically based on specific legal grounds, such as constitutional violations, violations of due process, or newly discovered evidence that could have changed the outcome of the case. 2. Motion to Set Aside: Similar to a motion to vacate, a motion to set aside seeks to declare a conviction and/or sentence void. It may be based on various grounds, such as legal errors during the trial, prosecutorial misconduct, or the discovery of evidence that was not available during the original proceeding. 3. Motion to Modify: This type of motion seeks to modify or reduce the sentence imposed on the petitioner. It is typically based on factors such as changes in circumstances, rehabilitation progress, or the discovery of new evidence that could potentially impact the severity or length of the sentence. 4. Motion to Correct: A motion to correct a sentence is filed when there is an error in the sentence itself, such as miscalculations of the applicable sentencing guidelines, incorrect application of enhancements, or other sentencing mistakes that require technical corrections. In order to pursue any of these motions, individuals in federal custody in Missouri must follow a specific process set forth by the court. It typically involves drafting a written motion, providing legal arguments and supporting evidence, and submitting it to the appropriate court within the prescribed timeframe. It is highly recommended seeking legal counsel to navigate this complex legal procedure effectively. Overall, a Missouri Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody provides an opportunity for individuals to challenge their conviction or sentence based on legal grounds recognized by the court. It aims to ensure that justice is served and that individuals are not wrongfully incarcerated or subjected to excessive or unjust sentences.
