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.
West Virginia Motion to Vacate, Set Aside, Modify or Correct a Sentence by a Person in Federal Custody is a legal process through which a person who is under federal custody in West Virginia can request to have their sentence reviewed or modified by the court. This motion allows individuals to challenge their conviction or sentence based on various grounds, such as constitutional violations, errors made by the court or prosecutor, or newly discovered evidence. Key Points: 1. Purpose: The West Virginia Motion to Vacate, Set Aside, Modify or Correct a Sentence provides individuals in federal custody the opportunity to seek relief from a conviction or sentence that they believe is unjust or improper. 2. Grounds for Filing: This motion can be based on numerous grounds, including violations of the person's constitutional rights, prosecutorial misconduct, ineffective assistance of counsel, errors in sentencing guidelines application, or the discovery of new evidence that could potentially impact the outcome of the case. 3. Process: To file a Motion to Vacate, Set Aside, Modify or Correct a Sentence, the person in federal custody must submit a written application to the court that initially sentenced them. The motion should clearly state the grounds for relief, be supported by legal arguments and relevant case law, and provide any supporting evidence or documents. 4. Time Limitations: It is important to note that there are specific time limitations for filing this motion. Generally, the motion must be filed within one year from the date of conviction or discovery of the grounds for relief. However, certain exceptions exist, such as when new evidence is discovered at a later stage. 5. Potential Outcomes: If the court grants the motion, several outcomes are possible, including vacating the conviction, setting aside the sentence, modifying the sentence, or ordering a new trial. However, it is essential to understand that the court has discretion in deciding the motion and will consider the merits of each individual case. 6. Types of West Virginia Motions: While the term "West Virginia Motion to Vacate, Set Aside, Modify, or Correct a Sentence" generally encompasses all such motions, there can be specific types based on the grounds and circumstances presented. For example, a motion solely based on ineffective assistance of counsel would be categorized as a motion for ineffective assistance of counsel. In summary, the West Virginia Motion to Vacate, Set Aside, Modify or Correct a Sentence is a legal avenue available to individuals in federal custody seeking relief from an unjust or improper conviction or sentence. By submitting a well-supported motion within the specified time limits, individuals have the opportunity to challenge their sentence and potentially obtain a more favorable outcome.
