Motion To Vacate Or Set Aside Or Correct Sentence {AO 243}

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA INSTRUCTIONS FOR FILING A MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY UNDER 28 U.S.C. § 2255 1. This form is for a person in federal custody wishing to vacate, set aside, or correct a federal sentence. If you wish to challenge the validity of a state court judgment, you should not use this form and instead file a habeas corpus petition under 28 U.S.C. § 2254. You may also use this form to challenge a federal court judgment that imposed a sentence to be served in the future, but you must file the motion in the federal court which entered the judgment. This motion must be legibly handwritten or typewritten and signed by the movant under penalty of perjury. If you make a false statement of a material fact, you may be prosecuted for perjury. All questions must be answered concisely in the proper space on the form. Additional pages are not permitted except with respect to the facts which you rely upon to support your grounds for relief. No citation or authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum. Do NOT write on the back of any page. Upon receipt, your motion will be filed if it is in proper order. No fee is required with this motion. Only judgments entered by one court may be challenged in a single motion. If you seek to challenge judgments entered by different judges or division either in the same district or in different districts, you must file separate motions as to each judgment. You must include in this motion all grounds for relief and all facts supporting such grounds for relief. If you fail to set forth all the grounds in this motion, you may be barred from presenting additional grounds at a later date. Motions which do not conform to these instructions will be returned with a notation as to the deficiency. You must immediately notify the court in writing of any change of address. If you do not, the court may dismiss your case. Mail the original motion to the following address: Clerk's Office, United States District Court, Northern District of Alabama, Room 140, Hugo L. Black U.S. Courthouse, 1729 5th Avenue North, Birmingham, AL 35203-2195 or Clerk's Office, United States District Court, Northern District of Alabama, 101 Holmes Avenue, Huntsville, AL 35801. 2. 3. 4. 5. 6. 7. 8. 9. 10. American LegalNet, Inc. www.FormsWorkFlow.com AO 243 (Rev. 10/16) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY UNITED STATES OF AMERICA } } } } } } } } } } } } } } } } } } ­v­ Civil Action No.: (to be filled in by the Clerk's Office) Movant (Full name under which you were convicted) Prisoner No.: Place of Confinement: Address: City State Zip Code MOTION 1. (a) Name and location of court which entered the judgment of conviction you are challenging: (b) 2. (a) (b) 3. 4. Criminal docket or case number (if you know): Date of the judgment of conviction (if you know): Date of Sentencing: Length of Sentence: Nature of crime (all counts): 5. (a) What was your plea? (Check one) (1) Not guilty (2) Guilty 1 American LegalNet, Inc. www.FormsWorkFlow.com (3) Nolo contendere (no contest) (b) If you entered a guilty plea to one count or indictment, and a not guilty plea to another count or indictment, what did you plead guilty to and what did you plead not guilty to? 6. 7. 8. 9. If you went to trial, what kind of trial did you have? (Check one) Did you testify at a pretrial hearing, trial, or a post-trial hearing? Did you appeal from the judgment of conviction? If you did appeal, answer the following: (a) (b) (c) (d) (e) (f) Name of court: Docket or case number (if you know): Result: Date of Result (if you know): Citation to the case (if you know): Grounds raised: Jury Judge only No No Yes Yes (g) Did you file a petition for certiorari in the United States Supreme Court? If yes, answer the following: (1) (2) Docket or case number (if you know): Result: Yes No (3) (4) (5) Date of result (if you know): Citation to the case (if you know): Grounds raised: 2 American LegalNet, Inc. www.FormsWorkFlow.com 10. Other than the direct appeals listed above, have you previously filed any other motions, petitions, or applications concerning this judgment of conviction in any state court? Yes No 11. If your answer to Question 10 was "Yes," give the following information: (a) (1) (2) (3) (4) (5) Name of court: Docket or case number (if you know): Date of filing (if you know): Nature of the proceeding: Grounds raised: (6) Did you receive a hearing where evidence was given on your motion, petition, or application? Yes No (7) (8) (b) Result: Date of result (if you know): If you filed any second motion, petition, or application, given the same information: (1) (2) (3) (4) (5) Name of court: Docket or case number (if you know): Date of filing (if you know): Nature of the proceeding: Grounds raised: 3 American LegalNet, Inc. www.FormsWorkFlow.com (6) Did you receive a hearing where evidence was given on your motion, petition, or application? Yes No (7) (8) (c) Result: Date of result (if you know): Did you appeal to a federal appellate court having jurisdiction over the action taken on your motion, petition, or application? (1) (2) First petition: Second petition: Yes No Yes No (d) If you did not appeal from the action on any motion, petition, or application, explain briefly why you did not: 12. For this motion, state every ground on which you claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts supporting each ground. CAUTION: If you fail to set forth all grounds in this motion, you may be barred from presenting additional grounds at a later date. GROUND ONE: (a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim): (b) Direct Appeal of Ground One: (1) If you appealed from the judgment of conviction, did you raise this issue: Yes No 4 American LegalNet, Inc. www.FormsWorkFlow.com (2) If you did not raise this issue in your direct appeal, explain why: (c) Post-Conviction Proceedings: (1) Did you raise this issue in any post-conviction motion, petition, or application? Yes No (2) If your answer to Question (c)(1) is "Yes," state: Type of motion or petition: Name an