Habeas Corpus Petition To Vacate- Set Aside Or Correct A Sentence (Federal Custody)

MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT A SENTENCE BY A PERSON IN FEDERAL CUSTODY INSTRUCTIONS---READ CAREFULLY 1. Use This Form ­ If you are currently serving or will serve a sentence under the judgment against you of a federal court and you are asking for relief from the conviction or the sentence, unless 28 U.S.C. § 2255 is inadequate or ineffective to test the legality of your detention. This form is your motion for relief. You must file the motion in the United States district court which entered the judgment that you are challenging. 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 (either in the same district or in a different district), you must file a separate motion. Do Not Use This Form ­ *IF YOU ARE CHALLENGING THE CONSTITUTIONALITY OF YOUR STATE COURT CONVICTION OR SENTENCE. INSTEAD, USE THE FORM ENTITLED "PETITION UNDER 28 U.S.C. § 2254 FOR WRIT OF HABEAS CORPUS BY A PERSON IN STATE CUSTODY." *IF YOU ARE A PRETRIAL DETAINEE CHALLENGING YOUR PRE-CONVICTION CUSTODY, A FEDERAL PRISONER CHALLENGING THE EXECUTION OF YOUR SENTENCE OR AN ACTION TAKEN BY THE BUREAU OF PRISONS, OR A PERSON IN CUSTODY CHALLENGING AN IMMIGRATION-RELATED ORDER (OTHER THAN A REMOVAL ORDER), OR IN OTHER SITUATIONS WHERE RELIEF IS NOT AVAILABLE UNDER 28 U.S.C. § 2254 OR 28 U.S.C. § 2255, OR IF 28 U.S.C. § 2255 IS INADEQUATE OR INEFFECTIVE TO TEST THE LEGALITY OF YOUR DETENTION, USE THE FORM ENTITLED "APPLICATION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 BY A PERSON IN CUSTODY." 2. Readable ­ You may either type or neatly handwrite the information on the following form. It must be readable. 3. Signed Under Penalty of Perjury ­ To submit your motion, it must be signed. Your signature indicates that the motion is signed "under penalty of perjury." This means that any false statement of a material fact presented in your motion may serve as a basis for prosecution and conviction for perjury. Your signature does not have to be witnessed by a notary public. The motion may also be signed by a person authorized to sign it for you, such as an attorney. 4. Copies and Proper Court ­ When the motion is fully completed, you must mail the original and two (2) copies to: Clerk of Court, United States District Court for the Eastern District of Wisconsin, 517 East Wisconsin Avenue, Milwaukee, WI 53202. 5. All Grounds ­ You must include all grounds for relief in this motion and the facts supporting each ground for relief. If you fail to do so, you may be prevented from presenting additional grounds at a later date. 6. Legal Citations and Arguments ­ You must answer all applicable questions. However, you should not cite to legal authorities (i.e., case law or statutes) on this form. If you submit a supporting memorandum in addition to this form, it must not exceed fifteen (15) pages. Excess pages will not be considered. 7. Fee ­ No fee is required by this motion. If you cannot pay for the costs of this motion, such as costs for an attorney or transcripts, you may ask to proceed in forma pauperis (as a poor person). To do so, you must complete and sign the petition and affidavit attached to this motion and have an authorized officer at the penal institution complete and sign the attached certificate. You must also have an authorized officer attach a printout of your prison trust account activity statement for the six months prior to the filing of your motion. 8. 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. § 2255 i American LegalNet, Inc. www.FormsWorkFlow.com April 2015 9. Dodge Correctional Institution, Green Bay Correctional Institution, Waupun Correctional Institution, and Wisconsin Secure Program Facility Inmates ­ You must submit all correspondence and case filings, including the habeas motion and any in forma pauperis petition, to institution staff for filing pursuant to the Prisoner E-Filing Program. § 2255 ii American LegalNet, Inc. www.FormsWorkFlow.com April 2015 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN UNITED STATES OF AMERICA, Plaintiff, v. Docket No. (to be supplied by Clerk) Full Name (under which you were convicted) Prisoner Number Place of Confinement, Movant. MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT A SENTENCE BY A PERSON IN FEDERAL CUSTODY § 2255 -1- American LegalNet, Inc. www.FormsWorkFlow.com June 2013 I. SUBJECT OF THIS PETITION A. Name and location of the court that entered the judgment of conviction that you are challenging B. Criminal docket or case number C. Date of the judgment of conviction D. Date of sentencing E. Length of sentence F. Nature of crime (all counts) G. What was your plea? (Check one) G Not guilty G Guilty G Insanity plea G Nolo contendere (no contest) If you entered a guilty plea to one count or charge and a not guilty plea to another count or charge, what did you plead guilty to and what did you plead not guilty to? H. If you went to trial, what kind of trial did you have? (Check one) G Jury I. G Judge only Did you testify at a pretrial hearing, trial, or a post-trial hearing? G Yes G No If yes, state the type(s) of hearing or proceeding J. Were you sentenced on more than one count of an indictment, or on more than one indictment, in the same court and at the same time? G Yes G No. § 2255 -2- American LegalNet, Inc. www.FormsWorkFlow.com June 2013 SUBJECT OF THIS PETITION - continued K. Do you have any future sentence to serve after you complete the sentence for the judgment that you are challenging? G Yes G No II. DIRECT APPEAL OF CONVICTION A. Did you appeal the judgment of conviction? G Yes G No If yes, attach the decision(s) that resolved your appeal and answer the following questions: 1. Name of court of appeals 2. Date of filing appeal 3. Grounds raised 4. Result 5. Date B. Did you file a petition for certiorari in the United States Supreme Court? G Yes G No If yes, attach the decision(s) that resolved your petition for certiorari and answer the following questions: 1. Date of filing petition for certiorari 2. Grounds raised 3. Result 4. Date § 2255 -3- American LegalNet, Inc. www.FormsWorkFlow.com June 2013 III. POST-CONVICTION RELIEF OTHER THAN DIRECT APPEAL A. Other than the appeals listed above in Section II, have you previously filed any other federal petitions, applications, or motions conce