Motion to Vacate, Set Aside, or Correct a Sentence By a Person in Federal Custody (Motion Under 28 U.S.C. § 2255) 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. 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. Make sure the form is typed or neatly written. 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. If you want to submit a brief or arguments, you must submit them in a separate memorandum. 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 and two copies to the Clerk of the United States District Court in the division in which you were convicted: Cases to be filed in the Tallahassee Division: Clerk, U.S. District Court 111 N. Adams Street, Suite 322 Tallahassee, FL 32301-7730 Cases to be filed in the Pensacola Division: Clerk, U.S. District Court One North Palafox Street, Room 226 Pensacola, FL 32502-5658 8. Cases to be filed in the Gainesville Division: Clerk, U.S. District Court 401 SE First Avenue, Room 243 Gainesville, FL 32601-6895 Cases to be filed in the Panama City Division: Clerk, U.S. District Court 30 West Government Street Panama City, FL 32401-2758 2. 3. 4. 5. 6. 7. 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. 9. American LegalNet, Inc. www.FormsWorkFlow.com AO 243 (Revised 10/07) NDFL Revised 7/17/2014 JJL/ank JLAdmin/Official/Forms Page 1 of 14 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 AO 243 (Revised 10/07) NDFL Revised 7/17/2014 JJL/ank JLAdmin/Official/Forms Page 2 of 14 American LegalNet, Inc. www.FormsWorkFlow.com 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): AO 243 (Revised 10/07) NDFL Revised 7/17/2014 JJL/ank JLAdmin/Official/Forms Page 3 of 14 American LegalNet, Inc. www.FormsWorkFlow.com (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 AO 243 (Revised 10/07) NDFL Revised 7/17/2014 JJL/ank JLAdmin/Official/Forms Page 4 of 14 American LegalNet, Inc. www.FormsWorkFlow.com (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 m