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.
Montana Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody: In the realm of federal criminal law, individuals in Montana who are currently in custody have the option to file a Motion to Vacate, Set Aside, Modify, or Correct their sentence. This legal recourse aims to rectify any errors, injustices, or violations of constitutional rights that may have occurred during their sentencing process. Such motions provide an opportunity for individuals to seek adjustments to their sentences or even have them entirely overturned. There are several types of Montana Motions to Vacate, Set Aside, Modify, or Correct a Sentence, each addressing specific grounds for seeking relief. Here are some notable ones: 1. Ineffective Assistance of Counsel: This motion argues that the defendant's constitutional right to effective counsel was violated during trial or other stages of the criminal proceedings. It highlights instances where the attorney's actions or omissions were unreasonable, negatively impacting the defendant's case and resulting in an unjust sentence. 2. Newly Discovered Evidence: If new evidence, not previously available or known during the trial, emerges that could have had a substantial impact on the verdict or sentence, this motion can be filed. The evidence must be credible, material, and reasonably likely to result in a different outcome if presented during the trial. 3. Violations of Constitutional Rights: This motion contends that the defendant's constitutional rights were violated during the trial, sentencing, or appeal process. It can raise issues related to due process, equal protection, self-incrimination, or any other constitutional violation that fundamentally affected the fairness of the sentencing. 4. Sentencing Guidelines Errors: This motion addresses discrepancies or errors in applying the federal sentencing guidelines. It argues that the sentence imposed was incorrect due to an incorrect calculation of the offender's criminal history, offense level, or other factors used in determining the appropriate sentence range. 5. Changes in Case Law: Sometimes, new legal precedents are established or existing ones are overturned, which can have an impact on prior convictions and sentences. This motion relies on recent changes in case law to argue that the defendant's sentence should be modified or vacated based on these altered legal standards. It is crucial to note that each motion must be supported by a comprehensive legal argument, providing specific facts and legal citations to support the claims made. The process for filing these motions can be complex and requires expert legal knowledge to navigate effectively. Therefore, individuals seeking relief may benefit from consulting with an experienced federal criminal defense attorney who specializes in Montana law to ensure the best possible outcome.
