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 New Mexico Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody Introduction: The New Mexico Motion to Vacate, Set Aside, Modify, or Correct a Sentence (MTV SA) provides an avenue for individuals in federal custody to seek relief from their convictions or sentences under specific circumstances. This detailed description aims to offer a comprehensive understanding of the process, including its purpose, types of motions, and key keywords associated with it. 1. Purpose and Eligibility: The New Mexico MTV SA is designed to address issues such as constitutional violations, legal errors, or newly discovered evidence that may have impacted an individual's conviction or sentence. To be eligible to file a motion, individuals must be in federal custody and have exhausted their direct appeals. 2. Types of New Mexico MTV SA: a. Motion to Vacate: — A motion filed to request the court to declare a conviction or sentence void or invalid due to constitutional violations, ineffective assistance of counsel, or procedural errors. — Keywords: vacate, declare void or invalid, constitutional violations, procedural errors, ineffective assistance of counsel. b. Motion to Set Aside: — A motion filed to ask the court to cancel or annul a conviction or sentence based on newly discovered evidence, prosecutorial misconduct, or errors that render the conviction or sentence unlawful. — Keywords: set aside, cancel, annul, newly discovered evidence, prosecutorial misconduct, unlawful conviction or sentence. c. Motion to Modify: — A motion filed to seek changes to an existing conviction or sentence, usually based on changes in law, substantial assistance provided to the government, or extraordinary circumstances. — Keywords: modify, changes, existing conviction or sentence, changes in law, substantial assistance, extraordinary circumstances. d. Motion to Correct: — A motion filed to rectify factual or clerical errors in the court's judgment or sentence, such as incorrect dates, typographical errors, or miscalculations of sentence length. — Keywords: correct, rectify, factual errors, clerical errors, incorrect dates, typographical errors, miscalculations. 3. Procedural Requirements: — Individuals filing a NeMexicoTNASASA must follow specific procedural requirements, including adhering to the applicable statute of limitations, providing supporting evidence, and submitting the motion to the appropriate court. — Keywords: procedural requirements, statute of limitations, supporting evidence, appropriate court. Conclusion: The New Mexico Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody provides a vital recourse for individuals seeking relief from their convictions or sentences. Understanding the different types of motions and the associated keywords is essential when navigating this complex legal process. It is advisable to seek legal counsel to better comprehend the specific requirements and increase the chances of success.
