Motion To Vacate By A Person In Federal Custody

OAO 243 (Rev. 10/07) (WD PA Rev. 5/09) Page 1 Motion to Vacate, Set Aside, or Correct a Sentence By a Person in Federal Custody (Motion Under 28 U.S.C. § 2255) Instructions For United States District Court For The Western District Of Pennsylvania 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. You must file the form in the United States district court that entered the judgment that you are challenging. If you want to challenge a federal judgment that imposed a sentence to be served in the future, you should file the motion in the federal court that entered that judgment. All filings in 28 U.S.C. § 2255 proceedings must by typed, word-processed or neatly written in ink. All filings must be submitted on paper sized 8 ½ by 11 inches. No writing or typing shall be made on the back of any filing. Do not staple or bind your papers in any fashion. You must tell the truth and sign the form. If you make a false statement of a material fact, you may be prosecuted for perjury. Answer all the questions. You do not need to cite law. You may submit additional pages if necessary. If you do not fill out the form properly, you will be asked to submit additional or correct information. An accompanying memorandum of law is not required but will be accepted by the Clerk of Court at the time the motion is filed. If you cannot pay for the costs of this motion (such as costs for an attorney or transcripts), you may request permission to proceed in forma pauperis by completing and signing a Motion to Proceed In Forma Pauperis. Also, you must submit a certificate signed by an officer at the institution where you are confined showing the amount of money that the institution is holding for you. In this motion, you may challenge the judgment entered by only one court. If you want to challenge a judgment entered by a different judge or division (either in the same district or in a different district), you must file a separate motion. When you have completed the form, send the original to the appropriate division of the Western District of Pennsylvania at the following addresses: Pittsburgh Division: U.S. Courthouse 700 Grant Street Suite 3110 Pittsburgh, PA 15219 Erie Division: U.S. Courthouse 17 South Park Row Erie, PA 16501 Johnstown Division: U.S. Courthouse 208 Penn Traffic Building 319 Washington Street Johnstown, PA 15901 2. 3. 4. 5. 6. 7. 8. If the movant is represented by counsel, Electronic Case Filing (ECF) procedures apply. 9. CAUTION: You must include in this motion all the grounds for relief from the conviction or sentence that you challenge. And you must state the facts that support each ground. If you fail to set forth all the grounds in this motion, you may be barred from presenting additional grounds at a later date. CAPITAL CASES: If you are under a sentence of death, you are entitled to the assistance of counsel and should request the appointment of counsel. 10. American LegalNet, Inc. www.FormsWorkFlow.com Page 2 MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY United States District Court Name (under which you were convicted): District Docket or Case No.: Prisoner No.: Movant (include v. name under which you were convicted) Place of Confinement: UNITED STATES OF AMERICA MOTION 1. (a) Name and location of court that entered the judgment of conviction you are challenging: (b) Criminal docket or case number (if you know): 2. (a) Date of the judgment of conviction (if you know): (b) Date of sentencing: 3. 4. Length of sentence: Nature of crime (all counts): 5. (a) What was your plea? (Check one) (1) Not guilty " (2) Guilty " (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. If you went to trial, what kind of trial did you have? (Check one) Jury " Judge only " American LegalNet, Inc. www.FormsWorkFlow.com Page 3 7. 8. 9. Did you testify at a pretrial hearing, trial, or post-trial hearing? Did you appeal from the judgment of conviction? If you did appeal, answer the following: (a) Name of court: (b) Docket or case number (if you know): (c) Result: (d) Date of result (if you know): (e) Citation to the case (if you know): (f) Grounds raised: Yes " Yes " No " No " (g) Did you file a petition for certiorari in the United States Supreme Court? If "Yes," answer the following: (1) Docket or case number (if you know): (2) Result: (3) Date of result (if you know): (4) Citation to the case (if you know): (5) Grounds raised: Yes " No " 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 court? Yes " No " 11. If your answer to Question 10 was "Yes," give the following information: (a) (1) Name of court: (2) Docket or case number (if you know): (3) Date of filing (if you know): American LegalNet, Inc. www.FormsWorkFlow.com Page 4 (4) Nature of the proceeding: (5) Grounds raised: (6) Did you receive a hearing where evidence was given on your motion, petition, or application? (7) Result: (8) Date of result (if you know): (b) If you filed any second motion, petition, or application, give the same information: (1) Name of court: (2) Docket or case number (if you know): (3) Date of filing (if you know): (4) Nature of the proceeding: (5) Grounds raised: Yes " No " (6) Did you receive a hearing where evidence was given on your motion, petition, or application? (7) Result: (8) Date of result (if you 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: (2) Second petition: Yes " Yes " No " No " Yes " No " American LegalNet, Inc. www.FormsWorkFlow.com Page 5 (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. GROUND ONE: (a) Supporting facts (Do not argue or cite law. Just state the specific fa