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.
Utah Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody A Utah Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody is a legal remedy available to individuals who are currently serving a federal sentence in the state of Utah. This motion allows the defendant to challenge the validity, legality, or constitutionality of their conviction or sentence. There are several types of motions that can be filed by a person in federal custody in Utah: 1. Motion to Vacate: This type of motion asks the court to overturn or invalidate the defendant's conviction and sentence. It is usually based on claims of constitutional violations, ineffective assistance of counsel, prosecutorial misconduct, or newly discovered evidence that would have had a significant impact on the case. 2. Motion to Set Aside: This motion seeks to nullify or cancel the defendant's conviction based on some defect or error in the proceedings. It may be filed if there was a violation of the defendant's due process rights, lack of jurisdiction, or any other significant flaw that affected the fairness of the trial. 3. Motion to Modify: This type of motion requests a change or alteration to the defendant's current sentence. It could be filed to argue for a reduction in the length of the sentence, a change in the terms or conditions of probation or supervised release, or to seek alternative sentencing options such as rehabilitation programs or community service. 4. Motion to Correct: This motion is filed to rectify any clerical errors, mistakes, or inaccuracies in the defendant's judgment or sentence. It can be used to correct typographical errors, miscalculations of the sentence length, or any other administrative mistakes that need correction to accurately reflect the court's original intent. When filing a motion to vacate, set aside, modify, or correct a sentence by a person in federal custody in Utah, it is crucial to gather relevant evidence, thoroughly research the applicable laws and legal precedents, and present a strong argument in support of the requested relief. It is highly recommended seeking the guidance of an experienced attorney who specializes in federal criminal defense to navigate this complex legal process effectively. In conclusion, Utah provides individuals in federal custody with the opportunity to challenge their convictions and sentences through various types of motions. Whether seeking to overturn a conviction, nullify a sentence, modify the terms of release, or correct an administrative error, the proper filing of these motions can potentially lead to significant changes in the defendant's legal situation.
