Motion To Vacate Set Aside Sentence (Motion Under 28 USC 2255) Form. This is a Michigan form and can be use in USDC Western Federal.
Tags: Motion To Vacate Set Aside Sentence (Motion Under 28 USC 2255), Michigan Federal, USDC Western
(Rev. 7/2015) Motion to Vacate, Set Aside, or Correct a Sentence By a Person in Federal Custody (Motion Under 28 U.S.C. § 2255) Instructions 1. 2. 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 serv in the future, you should file the m ed otion in the federal cour t 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 askedto submit additional or corrected inform ation. If you want to subm a brief or argum it ents, you must submit them in a separate memorandum. No fee is required with this motion. If you cannot pay for transcripts, appeal or other costs connected with this motion, you may ask to proceed in forma pauperis (as a poor person). To do that, you m fill out the enclosed AO 240 form. Also, you ust 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. 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. When you have completed the form, send the original and two copies to the Clerk of the United States District Court at one of the following addresses: 3. 4. 5. 6. 7. 8. Clerk, U.S. District Court 399 Federal Bldg. 110 Michigan St., NW Grand Rapids, MI 49503 Clerk, U.S. District Court 314 Federal Bldg. P.O. Box 698 Marquette, MI 49855 9. Clerk, U.S. District Court 107 Federal Bldg. 410 W. Michigan Ave. Kalamazoo, MI 49007 Clerk, U.S. District Court 113 Federal Bldg. 315 W. Allegan Lansing, MI 48933 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. American LegalNet, Inc. www.FormsWorkFlow.com (Rev. 11/2012) 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 that entered the judgment of conviction you are challenging: (b) Criminal docket or case number: 2. (a) Date of the judgment of conviction: (b) Date of sentencing: 3. Identify all counts and crimes for which you were convicted and sentenced in this case: 4. Length of sentence for each count or crime for which you were convicted in this case: 5. (a) What was your plea? Not guilty 9 Guilty 9 Nolo contendere (no contest) 9 (b) If you entered a guilty plea to one count or charge, and a not guilty plea to another count or charge, give details: -1American LegalNet, Inc. www.FormsWorkFlow.com 6. If you went to trial, what kind of trial did you have? (Check one) (a) Jury 9 (b) Judge only 9 Did you testify at the trial? Yes 9 No 9 Did you appeal from the judgment of conviction? Yes 9 No 9 If you did appeal, answer the following: (a) Date you filed: (b) Name of court: (c) Docket or case number: (d) Result: (e) Date of result: (f) Grounds raised: 7. 8. 9. (g) Did you file a petition for certiorari in the United States Supreme Court? Yes 9 No 9 If "Yes," answer the following: (1) Date you filed: (2) Docket or case number: (3) Result: (4) Date of result: (5) Grounds raised: 10. Other than the direct appeals listed above, have you previ ously filed any other motions, petitions, or applications concerning this judgment of conviction in any court? 11. If your answer to Question 10 was "Yes," give the following information: Yes 9 No 9 -2American LegalNet, Inc. www.FormsWorkFlow.com (a) (1) Date you filed: (2) Name of court: (3) Docket or case number (if you know): (4) Date of filing (if you know): (5) Nature of the proceeding: (6) Grounds raised: (7) Did you receive a hearing where evidence was given on your motion, petition, or application? Yes 9 No 9 (8) Result: (9) Date of result: (b) If you filed any second motion, petition, or application, give the same information: (1) Date you filed: (2) Name of court: (3) Docket or case number (if you know): (4) Date of filing (if you know): (5) Nature of the proceeding: (6) Grounds raised: (7) Did you receive a hearing where evidence was given on your motion, petition, or application? Yes 9 No 9 (8) Result: (9) Date of result : -3American LegalNet, Inc. www.FormsWorkFlow.com (c) Did you appeal to a federal appellate court having jurisdiction over the action taken on your m otion, petition, or application? (1) First petition: Yes 9 No 9 (2) Second petition: Yes 9 No 9 (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 9 No 9 (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 9 No 9 (2) If your answer to Question (c)(1) is "Yes," state: Type of motion or petition: Date motion was filed: -4American LegalNet, Inc. www.FormsWorkFlow.com Name and location of the court where the motion or petition was filed: Docket or case number: Result (attach a cop