Motion Under 28 USC Section 2255 To Vacate, Set Aside Or Correct Sentence By A Person In Federal Custody

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN MotionUnder28U.S.C.§2255toVacate,SetAside,orCorrectSentence byapersoninFederalCustody Purpose This form is to be used if you, the petitioner, claim that your federal sentence itself is unlawful. If you believe you are being held in custody unlawfully on a federal criminal conviction, you should file a Petition under 28 U.S.C. § 2241 for Writ of Habeas Corpus by a Person in Federal Custody. Notice: Any false statements of a material fact may serve as a basis for prosecution and conviction for perjury. Filling out the form Fill out the attached form and answer each item completely in the space provided. Be sure all answers are typewritten or legibly handwritten. Additional Pages Additional pages are not permitted except with respect to the facts which you rely upon to support your grounds for relief. No citation of authorities need be furnished. If providing briefs or arguments, they must be: on white 8 ½ by 11 paper, and securely attached to this form. Filing Fee There is no fee for filing a Motion to Vacate, Correct, or Set Aside a Federal Sentence. Submitting Forms When the petition is fully completed, mail the original and one (1) copy to: Office of the Clerk United States District Court 231 W. Lafayette Boulevard, Fifth Floor Detroit, MI 48226 Failure to comply with all of the instructions will result in unnecessary delays American LegalNet, Inc. www.FormsWorkFlow.com Page 1 AO 243 (Rev. 10/07) 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): Place of Confinement: UNITED STATES OF AMERICA V. District Docket or Case No.: Prisoner No.: Movant (include name under which convicted) MOTION 1. (a) Name and location of court which 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 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 2 AO 243 (Rev. 10/07) 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 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 11. Page 3 AO 243 (Rev. 10/07) (4) Nature of the proceeding: (5) Grounds raised: (6) Did you receive a hearing where evidence was given on your motion, petition, or application? Yes (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 of case number (if you know): (3) Date of filing (if you know): (4) Nature of the proceeding: (5) Grounds raised: No (6) Did you receive a hearing where evidence was given on your motion, petition, or application? Yes (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 No American LegalNet, Inc. www.FormsWorkFlow.com Page 4 AO 243 (Rev. 10/07) (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 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 (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 you answer to Question (c)(1) is "Yes," state: Type of motion or petition: Name and location of the court where the motion or petition was filed: American LegalNet, Inc. www.FormsWorkFlow.com Page 5 AO 243 (Rev. 10/07) Docket or case number (if you know): Date of the court's decision: Result (attach a copy of the court's opinion or order, if available): (3) Did you receive a hearing on your motion, petition, or application? Yes Yes Yes No No No (4) Did you appeal from the denial of your motion, petition, or application? (5) If your answer to Question (c)(4) is "Yes," did you raise the issue in the appeal? (6) If your answer to Question (c)(4) is "Yes," state: Name and location of the court where the appeal was filed: Docket or case number (if you know): Date of the court's decision: Result (attach a copy of the court's 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 this issue: GROUND TWO: (a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): American LegalNet, Inc. www.FormsWorkFlow.com Page 6 AO 243 (Rev. 10/07) (b) Direct Appeal of Ground Two: (1) If you appealed from the judgment of conviction, did you raise this issue? Yes No (