COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : INSTRUCTIONS FOR PERSONS FILING A PRO SE MOTION TO VACATE, JUDICIAL SUBPOENA Plaintiff(s) SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. §2255 -against- : These instructions are to help you understand the form for filing a motion to vacate, set aside, or correct : sentence and a little bit about Court procedures, but THE COURT CANNOT GIVE YOU LEGAL : ADVICE. Defendant(s) : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Is. this .form .for.you? . . ... .... .. .... Generally, §2255 may be used by a person in custody pursuant to a judgment by a federal court or who in the future OF THE STATE OF NEW YORK THE PEOPLEwill be in custody pursuant to a judgment by a federal court, to seek a determination that the custody is in violation of the Constitution or laws of the United States, or that the court did not have jurisdiction to impose the judgment, or that the sentence exceeds the maximum permitted by law, or is TO otherwise subject to collateral attack. 28 U.S.C. §2255 limits the jurisdiction of a Federal District Court to one motion per judgment, unless permission to consider a second or successive motion is given by the United States Court of Appeals for the Circuit in which the Court is located. If you previously filed a GREETINGS: motion under 28 U.S.C. §2255 challenging the same judgment, which was dismissed or denied with prejudice, do not use these forms .allUse the formsexcuses being laid aside, you United States Court of before WE COMMAND YOU, that business and for filing a motion with the and each of you attend , the Honorableauthorize consideration of a secondat the Court Appeals to or successive motion to vacate, set aside, or correct located at County of sentence. in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the How to file a motion To begin proceedings under §2255 you must file an original and one copy of your motion with the court. Your failure to comply motion subpoena is records. The contempt of court and for make you You should keep a copy of thewith thisfor your ownpunishable as aCourt is not responsiblewill providing liable to the partyto you. ALL COPIES MUST BE IDENTICAL maximum ORIGINAL. and all damages sustained as a copies on whose behalf this subpoena was issued for a TO THE penalty of $50 result of your failure to comply. Your motion must be legibly handwritten or typed. If you need more space to answer a question you may Witness, Honorable , one of the Justices of the write on the back of the form or attach additional pages. All pages should be 8 ½” by 11". Court in County, day of , 20 On the forms, fill in your criminal case number. Do not write in the blank for the civil action number. (Attorney must sign above and type name below) If you wish to challenge judgments from different courts or judgments entered at different times in different cases, you must file a separate motion for each judgment. If you are challenging multiple convictions in a single indictment, you may file a single motion. Attorney(s) for Answer all of the questions carefully. FAILING TO PROVIDE THE INFORMATION REQUESTED MAY RESULT IN YOUR MOTION BEING DENIED OR CAUSE DELAYS IN PROCESSING YOUR MOTION. Office and P.O. Address In your motion list each ground on which you are seeking relief and state the facts of your case that support 2255 Motion (Rev. 02/18/2005) Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. each ground. Because federal law limits the circumstances under : which JUDICIAL SUBPOENA a second or successive motion may Plaintiff(s) be considered, you should include all grounds upon which you wish to seek relief. It is not necessary to -against: provide legal citations. If you wish to submit arguments in support of your motion, they should be in the form of a separate memorandum. : : The motion must be signed under oath by the person seeking relief or by someone authorized to act on his or her behalf. Defendant(s) : ...................................................... Where to file A motion under THE must be filed in the court THE PEOPLE OF§2255STATE OF NEW YORK where judgment was entered. In Maryland, there are two divisions of the federal court. When the forms are completed, mail the original and one copy to the division where your trial was held. TO Clerk’s Office Clerk’s Office United States District Court United States District Court GREETINGS: for the District of Maryland for the District of Maryland Northern Division Southern Division WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the 6500 Cherrywood Lane Court 101 West Lombard Street County of Maryland, 21201 located at Baltimore, Greenbelt, Maryland 20770 in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the There is no filing fee for a §2255 motion. What the court will do with your motion Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was it will be reviewed and penaltyaction number assigned. sustained as a Once your motion is received by the Court issued for a maximum a civil of $50 and all damages You result of your failure to comply. motion will then be forwarded to the judge who presided over your criminal trial. If that judge is no longer active, a new judge will be assigned. Everything that you receive from the Court about your case will have Witness, Honorable , one of the Justices of the both your criminal case number and the new civil case number on it. Everything that you send to the Court Court in County, day of , 20 other than the motion should have both numbers on it. The Court may order that you provide additional information. If it does, it is important that you submit the information in a timely manner. If you do not respond your motion may be denied. The Court may order that the government respond to your motion. (Attorney must sign above and type name below) If a response is filed you may file a reply within thirty (30) days from the date it was filed or such other time as is fixed by the Court. Attorney(s) for Things to know about representing yourself There are specific procedural rules which apply to actions under 28 U.S.C. §2255. They are called the Rules Governing Section 2255 Proceedings For The United States District Courts. The Federal Rules of Office and P.O. Address Civil Procedure will apply in some circumstances, as well as the Local Rules of this Court. 2255 Motion (Rev. 02/18/2005) 2 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : Unless directed otherwise, all communications to the Court about your case should be addressed to the JUDICIAL SUBPOENA Plaintiff(s) Clerk of the Court. -against- : You must notify the Court in writing of any change in your :address. Failure to do this may result in dismissal of your case. : After you file the motion no communication about your case should be sent directly to any judge. If you Defendant(s) : . .want to .ask .the.Court. to do. something,. you.should .file.a . . . . . . Pleadings and motions should be filed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . motion. with the Clerk and a copy should be mailed to the Assistant United States Attorney representing the government. It is important to include a certificate of service on anything you file showing when you mailed copies and to whom they were OF NEW YORK THE PEOPLE OF THE STATE sent. The certificate of service appears at the end of the pleading or motion and looks like the sample below. TO CERTIFICATE OF SERVICE I hereby certify that on this ______ day of ___________________, _____, a copy of this (title of the document) , was mailed, postage prepaid, to (name and address of the attorney orall business and excuses being laid aside, you and each of you attend before person to whom you sent it). WE COMMAND YOU, that GREETINGS: , the Honorable at the Court located at County of in room , on the day of , 20 (your signature , at o'clock in the noon, and at any recessed ) or adjourned date, to testify and give evidence as a witness in this action on the part of the It is not necessary to state in the certificate of service that copies were sent to the Court or to the Clerk. Your failure to or memoranda that are longer than fifty as a unless you court and will make you Do not file any motionscomply with this subpoena is punishablepagescontempt ofhave received permission liable to the party on whose behalf this subpoena was issued for abe much shorter than fifty pages. damages sustained as a from the Court. Most motions and memoranda should maximum penalty of $50 and all result of your failure to comply. You do not have to file copies of exhibits that are already on file in the same case. For example, if the Witness, Honorable , one of the Justices of the government files a response to your motion and attaches as an exhibit a copy of a plea agreement, you do Court in County, day of , 20 not have to attach a copy of that document to any motions or memoranda you file. You may simply refer to the copy that is already in the file. (Attorney must sign above and type name below) You must sign every pleading, motion, and memorandum that you file. You MAY NOT sign someone else’s name, nor may you file anything on behalf of someone else. Attorney(s) for Office and P.O. Address 2255 Motion (Rev. 02/18/2005) 3 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : FORM TO BE USED BY A PERSON FILING A MOTION TO VACATE, JUDICIAL SUBPOENA Plaintiff(s) SET ASIDE, OR CORRECT A SENTENCE UNDER 28 U.S.C. §2255 -against- : IN THE UNITED STATES DISTRICT COURT : FOR THE DISTRICT OF MARYLAND : UNITED STATES OF AMERICA, Defendant(s) : ...................................................... v. Criminal Case No.: ______________ Civil Action No.: _______________ (Leave blank. To be filled in by Court.) THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: (Full name, date of birth, identification business and excuses being laid aside, you and each of you attend before WE COMMAND YOU, that all , the Honorable address of movant at the Court number and located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE 1. Name and location of the court which entered the judgment/conviction being challenged. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. 2. Date of judgment or sentencing. Witness, Honorable Court in County, day of 3. Length of sentence. 4. Nature of offense (all counts). , one of the Justices of the , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address 2255 Motion (Rev. 02/18/2005) Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : 5. What was your plea? (check one) Plaintiff(s) (a) (b) (c) -against- Calendar No. : JUDICIAL SUBPOENA : Not Guilty Guilty Nolo Contendere [ ] :[ ] [ ] : If you entered different pleas to different counts or charges, explain. Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK 6. TO Kind of trial. (check one) (a) (b) GREETINGS: Jury Judge Only [ ] [ ] 7. Did you testify at YOU, that WE COMMAND the trial? all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located ] at County ofYes [ ] No [ in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 8. Did you appeal from the judgment of conviction? Yes [ ] No [ ] Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party onyou answered yes, provide the following information: If whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. A. What grounds did you raise? Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) B. Attorney(s) for What was the result? Office and P.O. Address 2255 Motion (Rev. 02/18/2005) 2 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : C. Index No. Calendar No. What was the date of the decision by the Court:of Appeals? JUDICIAL SUBPOENA Plaintiff(s) -against- : : 9. Did you file a petition for writ of certiorari to the United States Supreme Court? : Yes [ ] No [ ] Defendant(s) : ...................................................... If you answered yes, what was the result? THE PEOPLE OF THE STATE OF NEW YORK TO If you answered yes, what was the date of the decision by the Supreme Court? GREETINGS: 10. Other than a direct appeal, have you filed any petitions, applications, or motions challenging this judgment in COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before WE any federal court? , the Honorable at the Court located ] at County ofYes [ ] No [ in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 11. If you answered yes, provide the following information for each petition, application, or motion: A. Name and location of the court where you filed. Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. B. Describe what you filed and the date on which it was filed. Witness, Honorable Court in County, C. , one of the Justices of the day of , 20 What grounds did you raise? (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address 2255 Motion (Rev. 02/18/2005) 3 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : D. What was the result? Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : E. What was the date of the decision? : Defendant(s) : ...................................................... F. Did you appeal the decision? Yes [ ] THE PEOPLE OF THE STATE OF NEWNo [ ] YORK TO G. GREETINGS: H. What was the result? If you did not appeal any adverse decision, explain why you did not appeal. WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the 12. Do you CURRENTLY HAVE PENDING in any court any motion, petition, or appeal concerning the judgment being challenged in this petition? Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a Yes [ ] No [ ] result of your failure to comply. If you answered yes, describe what you filed, when, where, and its current status. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for 13. In most cases federal law requires that a motion to vacate or set aside judgment be filed within one (1) year of the date your conviction became final. 28 U.S.C. § 2255. If this motion is being filed more than one year after your conviction became final, explain why it is late and/or why you believe the one year limitations period does not apply. Office and P.O. Address 2255 Motion (Rev. 02/18/2005) 4 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : : 14. State BRIEFLY every ground on which you claim you are being held unlawfully. BRIEFLY : summarize the facts supporting each ground. If necessary, you may attach additional pages. Defendant(s) : . . . . . . . . A. . . . . .Ground .One:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ...... ... Supporting Facts: THE PEOPLE OF THE STATE OF NEW YORK TO GREETINGS: B. Ground Two: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of Supporting Facts: in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. C. Ground Three: Witness, Honorable Court in County, Supporting Facts: , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address 2255 Motion (Rev. 02/18/2005) 5 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : Index No. : D. Ground Four: Plaintiff(s) -against- Calendar No. : JUDICIAL SUBPOENA : Supporting Facts: : : Defendant(s) : ...................................................... 15. If any of the issues that you are raising in this motion have not been previously presented, explain which issues OF THE raised for the first time and THE PEOPLE are being STATE OF NEW YORK why. TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable Court 16. Do you have any other sentence(s) to be at the after you complete the sentence(s)/commitment served located at County of that is being challenged in this petition? in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Yes [ ] No [ ] If you answered yes, provide the following information about each of your future sentences: Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoenathe court that imposed the sentence. of $50 and all damages sustained as a A. Name and location of was issued for a maximum penalty result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 B. Length of the sentence. C. Have you filed, or do you intend to file, a petition or motion attacking this name below) sentence? (Attorney must sign above and type Yes [ ] No [ ] Attorney(s) for WHEREFORE, Movant prays that the Court grant him all relief to which he may be entitled in this action. Office and P.O. Address 2255 Motion (Rev. 02/18/2005) 6 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com COURT COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... .. : : Index No. Calendar No. : I DECLARE UNDER THE PENALTIES OF PERJURY THAT THE INFORMATION ABOVE JUDICIAL SUBPOENA Plaintiff(s) IS TRUE AND CORRECT. -against- : SIGNED THIS ______ day of _______________________,: __________. : (original signature of movant) Defendant(s) : ...................................................... THE PEOPLE OF THE STATE OF NEW YORK (address of movant) TO GREETINGS: WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before , the Honorable at the Court located at County of in room , on the day of , 20 , at o'clock in the noon, and at any recessed or adjourned date, to testify and give evidence as a witness in this action on the part of the Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to the party on whose behalf this subpoena was issued for a maximum penalty of $50 and all damages sustained as a result of your failure to comply. Witness, Honorable Court in County, , one of the Justices of the day of , 20 (Attorney must sign above and type name below) Attorney(s) for Office and P.O. Address 2255 Motion (Rev. 02/18/2005) 7 Telephone No.: Facsimile No.: E-Mail Address: Mobile Tel. No.: American LegalNet, Inc. www.USCourtForms.com