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.
Oregon Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody: In the state of Oregon, individuals in federal custody who believe their sentence was unjust or incorrect may have the option to file a Motion to Vacate, Set Aside, Modify, or Correct their sentence. This legal process provides an opportunity for federal inmates to challenge the validity or appropriateness of their sentences and seek remedies. There are different types of Oregon Motions to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody, including: 1. Motion to Vacate: This motion requests a complete reversal of the conviction or sentence based on grounds such as constitutional violations, newly discovered evidence, or ineffective assistance of counsel. If successful, it could result in the person's release from custody or a new trial. 2. Motion to Set Aside: This motion aims to have the court declare the conviction or sentence null and void. It is typically based on procedural errors, violations of constitutional rights, or other legal irregularities that occurred during the trial or sentencing process. 3. Motion to Modify: This motion seeks a modification of the existing sentence imposed upon the individual. It is often filed when substantial reasons, such as changed circumstances or exceptional conduct while in custody, warrant a reduction in the sentence. 4. Motion to Correct: This motion is filed when there are factual or clerical errors in the sentencing records that need to be corrected. It addresses mistakes like incorrect dates, misstated offenses, or inaccuracies in the length of the sentence. To file any of these motions in Oregon, individuals in federal custody must follow specific guidelines and legal requirements. They need to ensure they have sufficient grounds to support their claims and provide supporting evidence or documentation. It is important to note that the success of these motions depends on the merits of the case, the strength of the arguments presented, and the discretion of the judge overseeing the matter. Consulting with an experienced attorney who specializes in federal criminal law can greatly assist individuals in understanding the specific requirements and increasing the likelihood of a favorable outcome. Overall, the ability to file a Motion to Vacate, Set Aside, Modify, or Correct a Sentence in Oregon provides federal inmates with an opportunity to challenge or correct potential injustices within the criminal justice system, offering a chance to seek relief or obtain a fairer sentence.
