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

MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY ( MOTION UNDER 28 U.S.C. § 2255 ) Instructions--Read Carefully (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. 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. (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 prosecuted for perjury. (5) 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. If you want to submit a 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 may ask to proceed in forma pauperis (as a poor person). To do that, you must fill out the last page of this form. 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. (7) 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. (8) When you have completed the form, send the original and one copy to the Court at this address: Clerk of the U.S. District Court Southern District of California 333 West Broadway, Suite 420 San Diego, CA 92101 If you want a file-stamped copy of the petition, you must enclose an additional copy of the petition and ask the court to file-stamp it and return it to you. (9) Upon receipt, your motion will be filed if it is in proper order. No fee is required with this motion. (10) 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. § 2255 SDForm--(Rev. 10/15) American LegalNet, Inc. www.FormsWorkFlow.com NAME OF MOVANT PRISON NUMBER PLACE OF CONFINEMENT ADDRESS United States District Court Southern District Of California UNITED STATES OF AMERICA Civil No. (TO BE FILLED IN BY CLERK OF U.S. DISTRICT COURT) v. , (NAME UNDER WHICH MOVANT WAS CONVICTED) MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. § 2255 BY A PERSON IN FEDERAL CUSTODY Movant 1. Information regarding judgment of conviction under attack: (a) Name and location of court which entered the judgment of conviction you are challenging: (b) Name of Judge who entered the judgment of conviction (if you know): (c) Criminal case number of conviction (if you know): 2. Date of judgment of conviction: 3. Length of sentence: 4. Nature of offense involved (all counts) § 2255 SDForm--(Rev. 10/15) American LegalNet, Inc. www.FormsWorkFlow.com 5. What was your plea? (CHECK ONE) (a) Not guilty G (b) Guilty G (c) Nolo contendere (no contest) G It 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 pleaded not guilty, what kind of trial did you have? (CHECK ONE) G Jury G Judge only 7. Did you testify at the trial? G Yes G No 8. Did you appeal from the judgment of conviction? G Yes G No 9. If you did appeal, answer the following: (a) (b) (c) (d) (e) Name of court Case Number (if known) Result Date of result (if known) Grounds raised: (f) Did you file a petition for certiorari in the United States Supreme Court? G Yes G No If "Yes," answer the following: § 2255 SDForm--(Rev. 10/15) -2- American LegalNet, Inc. www.FormsWorkFlow.com (1) Case number (if you know: (2) Result: (3) Date of result (if you know): (4) Grounds raised: 10. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications, or motions with respect to this judgment in any federal court? G Yes G No 11. If your answer to 10 was "Yes," give the following information: (a)(1) (2) (3) (4) Name of court Case number (if you know): Nature of the proceeding: Grounds raised: (5) Did you receive an evidentiary hearing on your petition, application or motion? G Yes G No (6) Result: (7) Date of result (if you know): (b) As to any second petition, application or motion give the same information: (1) (2) (3) (4) Name of court Case number (if you know): Nature of the proceeding: Grounds raised: (5) Did you receive an evidentiary hearing on your petition, application or motion? G Yes G No (6) Result: § 2255 SDForm--(Rev. 10/15) -3American LegalNet, Inc. www.FormsWorkFlow.com (7) Date of result (if you know): (c) Did you appeal, to an appellate federal court having jurisdiction, the result of action taken on any petition, application or motion? (1) First petition, etc. G Yes G No (2) Second petition, etc. G Yes G No (d) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not: 12. State concisely every ground on which you claim that you are being held in violation of the constitution, law or treaties of the United States. Summarize briefly the facts supporting each ground. If necessary, you may attach pages stating additional grounds and facts supporting same. CAUTION: If you fail to set forth all grounds in this petition, you may be barred from presenting additional grounds at a later date. GROUND ONE: (a) Supporting FACTS (state briefly without citing cases or law) § 2255 SDForm--(Rev. 10/15) -4American LegalNet, Inc. www.FormsWorkFlow.com (b) Direct Appeal of Ground One: (1) If you appealed from the judgment of conviction, did you raise this issue? G Yes G 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 applicati