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.
Rhode Island Motion to Vacate, Set Aside, Modify, or Correct a Sentence by a Person in Federal Custody is a legal process that allows individuals who are currently in federal custody in Rhode Island to challenge the validity of their sentencing. This motion can be filed if there are significant errors or unlawfulness in the original sentencing that warrant a review or revision. There are several types of Rhode Island Motion to Vacate, Set Aside, Modify, or Correct a Sentence that can be pursued by individuals in federal custody. Some of these include: 1. Ineffective Assistance of Counsel: A motion can be filed if the person believes that their previous defense attorney provided ineffective representation, resulting in an unfair or unjust sentence. This could include failure to investigate crucial information, failure to present a strong defense, or any other actions that significantly impacted the outcome of the case. 2. Newly Discovered Evidence: If new evidence emerges that could have significantly impacted the outcome of the trial, a motion can be filed to have the sentence reconsidered. This evidence must be new and not available during the original trial, and it must be substantial enough to potentially change the outcome. 3. Violations of Constitutional Rights: If the person believes that their constitutional rights were violated during the course of their trial or sentencing, a motion can be filed to challenge the sentence. These violations could include unlawful searches and seizures, denial of the right to counsel, or any other actions that infringed upon the person's constitutional rights. 4. Sentencing Errors: If there were errors made by the court during the sentencing process that resulted in an unfair or improper sentence, a motion can be filed to correct these errors. This could include miscalculations of sentencing guidelines, improper application of enhancements or mandatory minimums, or any other mistakes that impacted the severity or legality of the sentence. 5. Changes in Sentencing Guidelines: If there have been changes to the federal sentencing guidelines that would result in a reduced sentence for the individual, a motion can be filed to have their sentence modified accordingly. These changes could be due to legislative amendments, new case law, or revisions to sentencing policies. It is essential to consult with a qualified attorney familiar with federal criminal law and the specific procedures pertaining to Rhode Island's motion to vacate, set aside, modify, or correct a sentence. This process requires careful analysis, research, and appropriate legal arguments to increase the chances of success.
