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.
In Nevada, a Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody provides an avenue for individuals to challenge their federal sentence and seek relief from the court. This legal procedure allows convicted individuals to present new evidence or raise issues that could potentially invalidate or reduce their sentence. Various types of motions fall under this category, including: 1. Motion to Vacate: A motion to vacate asks the court to set aside the entire conviction and sentence. This motion is usually based on constitutional violations or errors during the trial or sentencing process. It aims to completely annul the conviction, resulting in the individual being released from custody. 2. Motion to Set Aside: A motion to set aside is used to challenge the validity of the conviction itself rather than the resulting sentence. It asserts that the conviction is wrongful due to errors, newly discovered evidence, or misconduct by the government or defense attorney. If successful, this motion may lead to a new trial or a dismissal of the charges. 3. Motion to Modify: A motion to modify requests the court to revise the existing sentence. This is typically pursued when an individual believes that their current sentence is too severe or disproportionate to the crime committed. Common grounds for modification include changes in circumstances, rehabilitation efforts, or factual errors in the original sentencing. 4. Motion to Correct: A motion to correct aims to rectify errors or clerical mistakes that occurred during the sentencing process. This could involve clarifying or modifying specific aspects of the sentence, such as the length of imprisonment, probation terms, or restitution amounts. It is important to note that these motions can only be filed by individuals in federal custody. They generally adhere to specific legal procedures and time limitations, requiring the expertise of an experienced attorney or legal advocate specializing in federal criminal law. Knowledgeable legal professionals can assess the circumstances, review the case, and determine the most appropriate motion to pursue for the best chance of obtaining relief.
