Motion To Vacate Set Aside Or Correct A Sentence By A Person In Federal Custody

Instructions 1.To use this form, you must be a person who is serving a sentence under a judgment against you in a federal court.You are asking for relief from the conviction or the sentence. This form is your motion for relief.2.You must file the form in the United States district court that entered the judgment that you are challenging. Ifyou want to challenge a federal judgment that imposed a sentence to be served in the future, you should file themotion in the federal court that entered that judgment.3.Make sure the form is typed or neatly written.4.You must tell the truth and sign the form. If you make a false statement of a material fact, you may be prosecutedfor perjury.5. Answer all the questions. You do not need to cite law. You may submit additional pages if necessary. If you donot fill out the form properly, you will be asked to submit additional or correct information. If you want to submita brief or arguments, you must submit them in a separate memorandum. 6. If you cannot pay for the costs of this motion (such as costs for an attorney or transcripts), you m fillout .Also, you mustsubmit a certificatesigned by an officer attheinstitution where you are confined showing theamount of moneythat the institution isholding for you. 7. In this motion, you may challenge the judgment entered by only one court. If you want to challenge a judgmententered by a different judge or division (either in the same district or in a different district), you must file aseparate motion. 8. When you have completed the form, If you want a file-stamped copy of the petition, you must enclose an additional copy of the petition and ask theourt to file-stamp it and return it to you. 9. CAUTION: You must include in this motion all the grounds for relief from the conviction or sentence thatyou challenge. ou must state the facts that support each ground. If you fail to set forth all thegrounds in this motion, you may be barred from presenting additional grounds at a later date. 10. CAPITAL CASES: If you are under a sentence of death, you are entitled to the assistance of counsel andshould request the appointment of counsel. American LegalNet, Inc. www.FormsWorkFlow.com MOTION UNDER 28 U.S.C. 247 2255 TO VACATE, SET ASIDE, OR CORRECTSENTENCE BY A PERSON IN FEDERAL CUSTODY United States District Court Name (under which you were convicted):Docket or Case No.:Place of Confinement: Prisoner No.: UNITED STATES OF AMERICA (include name under which convicted) V.MOTION1. (a) Name and location of court entered the judgment of conviction you are challenging: (b) Criminal docket or case number (if know): 2. (a) Date of the judgment of conviction (if know):(b) Date of sentencing: 3.Length of sentence:4.Nature of crime (all counts):5.(a) What was your plea? (Check one) (1) Not uilty (2) Guilty (3) Nolo ontendere (o ontest) (b) If you entered a guilty plea to one count or indictment, and a not guilty plea to another count orwhat did you plead guilty to and what did you plead not guilty to? 6.If you went to trial, what kind of trial did you have? (Check one)JuryG7.Did you testify at a pretrial hearing, trial, or post-trial hearing?YesG Judge nlyGNoG 8.Did you appeal from the judgment of conviction?YesGNoG American LegalNet, Inc. www.FormsWorkFlow.com 9. If you did appeal, answer the following:(a) Name of court:(b) Docket or case number (if know):(c) Result:(d) Date of result (if know):(e) Citation to the case (if know):(f) Grounds raised: (g) Did you file a petition for certiorari in the United States Supreme Court? YesGNoG If Yes, answer the following:(1) Docket or case number (if know):(2) Result: (3) Date of result (if know):(4) Citation to the case (if know):(5) Grounds raised: 10. YesGNoG11. If your answer to Question 10 was Yes, give the following information:(a)(1) Name of court: (2) Docket or case number (if know):(3) Date of filing (if know): (4)Nature of the proceeding:(5)Grounds raised: American LegalNet, Inc. www.FormsWorkFlow.com (6)Did you receive a hearing where evidence was given on your motion, petition, or application?YesGNoG(7)Result: (8)Date of result (if know):(b)If you filed any second motion, petition, or application, give the same information: (1)Name of court:(2)Docket o case number (if know):(3)Date of filing (if know):(4)Nature of the proceeding:(5)Grounds raised: (6)Did you receive a hearing where evidence was given on your motion, petition, or application?YesGNoG(7)Result: (8)Date of result (if know):(c)Did you appeal to a federal appellate court having jurisdiction over the action taken on your motion, petition,or application? (1)First petition:YesGNoG(2)Second petition:YesGNoG(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 groundon which you claim that you are being held in violation of theConstitution,laws, or treaties of the United States. Attach additional pages if you have more than four grounds.State thefactssupporting each ground. American LegalNet, Inc. www.FormsWorkFlow.com GROUND ONE: (a)Supporting facts (Do not argue or cite law 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?YesGNoG(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? YesGNoG(2)If you answer to Question (c)(1) is YesType of motion or petition:Name and location of the court where the motion or petition was filed: Docket or case number (if know):Date of the court222s decision:Result (attach a copy of the court222s opinion or order, if available): (3)Did you receive a hearing on your motion, petition, or application? (4)Did you appeal from the denial of your motion, petition, or application? YesGNoG(5)If your answer to Question (c)(4) is Yes, did you raise the issue in the appeal? YesGNoG American LegalNet, Inc. www.FormsWorkFlow.com (6)If your answer to Question (c)(4) is Yes Name and location of the court where the appeal was filed: Docket or case number (if know):Date of the court222s decision:Result (attach a copy of the court222s opinion or order, if available): (7)If your answer to Question (c)(4) or Question (c)(5) is No, explain why you did not appeal or raise thisissue: GROUND TWO: (a)Supporting facts (Do not argue or cite law state the specific facts that support your claim.) (b)Direct Appeal of Ground Two:(1)If you appealed from the judgment of conviction, did you raise this issue?YesGNoG(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?YesGNoG American LegalNet, Inc. www.FormsWorkFlow.com (2)If you answer to Question (c)(1) is Yes Type of motion or petition:Name and location of the court where the motion or petition was filed: Docket or case number (if know):Date of the court222s decision:Result (attach a copy of the court222s opinion or order, if available): (3)Did you receive a hearing on your motion, petition, or application?YesGNoG(4)Did you appeal from the denial of your motion, petition, or application? YesGNoG(5)If your answer to Question (c)(4) is Yes, did you raise the issue in the appeal? YesGNoG(6)If your answer to Question (c)(4) is YesName and location of the court where the appeal was filed: Docket or case number (if know):Date of the court222s decision:Result (attach a copy of the court222s opinion or order, if available): (7)If your answer to Question (c)(4) or Question (c)(5) is No, explain why you did not appeal or raise thisissue: GROUND THREE: (a)Supporting facts (Do not argue or cite law state the specific facts that support your claim.) American LegalNet, Inc. www.FormsWorkFlow.com (b)Direct Appeal of Ground Three:(1)If you appealed from the judgment of conviction, did you raise this issue?YesGNoG(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 a