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.
The Virgin Islands Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody is a legal process available to individuals who are serving a sentence in federal custody in the Virgin Islands and wish to challenge their conviction, sentence, or the manner in which their case was handled. This motion allows individuals to seek relief from the court if they believe there were errors or violations of their rights during the conviction or sentencing phase of their case. There are different types of motions that can be filed under this category, including: 1. Motion to Vacate: This type of motion can be filed when a person believes their conviction or sentence is invalid due to constitutional violations, ineffective assistance of counsel, newly discovered evidence, or other errors that may have affected the outcome of their case. 2. Motion to Set Aside: This motion is typically filed when there are errors or defects in the proceedings that resulted in the conviction or sentence. It can be based on procedural errors, misconduct by the prosecution or the court, or any other factors that render the conviction or sentence unfair or unjust. 3. Motion to Modify: This type of motion is used when a person seeks a modification of their existing sentence. It can be filed if there have been changes in circumstances that warrant a reduction in the length or severity of the sentence. 4. Motion to Correct: This motion is submitted when there are clerical errors, mistakes, or omissions in the judgment or sentence that need to be corrected. It does not challenge the validity of the conviction or sentence itself but focuses on rectifying errors in the documentation. To file any of these motions, individuals in federal custody in the Virgin Islands can consult with their attorney or, if they cannot afford one, request the court to appoint a lawyer. They should provide clear and compelling arguments supported by legal precedent to demonstrate that relief is warranted. It is essential to adhere to the specific procedures and deadlines set by the court and follow all necessary legal requirements to ensure the best chance of success in seeking post-conviction relief.
