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Motion To Vacate, Set Aside Or Correct Sentence By Person In Federal Custody Form. This is a Nevada form and can be use in District Court Federal.
Tags: Motion To Vacate, Set Aside Or Correct Sentence By Person In Federal Custody, Nevada Federal, District Court
COURT
COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
Plaintiff(s)
-against-
Calendar No.
:
JUDICIAL SUBPOENA
:
Name
:
:
Prison Number
Defendant(s)
:
......................................................
Place of Confinement
THE PEOPLE OF THE STATE OF NEW YORK
UNITED STATES DISTRICT COURT
TO
DISTRICT OF NEVADA
UNITED STATES OF AMERICA,
)
)
)
CASE NO.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
(ToCourt
be supplied by the Clerk)
,
the Honorable
at the )
located at
County of
vs.
)
in room
, on the
day of
, 20 ), at
o'clock PURSUANT TO at any recessed
noon, and
MOTIONin the
or adjourned date, to testify and give evidence as a witness)in this action on the§2255 the VACATE,
part of TO
28 U.S.C.
)
SET ASIDE OR CORRECT
)
SENTENCE BY A PERSON IN
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
, Movant.
)
FEDERAL CUSTODY
the party on whose behalf this subpoena was issued for a )
maximum penalty of $50 and all damages sustained as a
GREETINGS:
result of your failure to comply.
Witness, Honorable
, one of the Justices of the
(If movant is attacking a sentence based on a federal conviction to be served in the future,
Court in
County,
day of
, 20
the motion should be filed in the federal court which entered the judgment.)
1)
Name and location of the court which entered the judgment of conviction under
(Attorney must sign above and type name below)
attack:
.
2)
Date judgment of conviction was entered:
3)
Case number:
4)
Length and terms of sentence:
Attorney(s) for
.
.
Office and P.O. Address
1
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Index No.
Calendar No.
5)
:
Are you presently serving a Plaintiff(s) imposed for JUDICIAL SUBPOENA
sentence
a conviction other than the
conviction under attack in this motion?
-against:
Yes G
No G
6)
Name of the judge who imposed sentence under attack in this motion:
:
:
7)
Nature of the offense involvedDefendant(s)
(all counts):
:
......................................................
8)
What was your plea? NEW YORK
THE PEOPLE OF THE STATE OF(check one)
a)
Not Guilty G
b) Guilty G
c) Nolo Contendere G
TO
9)
If you entered a plea of guilty pursuant to a plea bargain, state the terms and
conditions of the agreement:
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable were found guilty after a plea of not guilty, was the finding made by: (check
at the
Court
10) If you
located at
County ofone)
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
a) A jury G
b) A judge without a jury G
11)
Did you testify at trial (if any)?
Yes G
13)
If you did appeal, answer the following:
Witness, Honorable
No G
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
12) Did you appeal from
No G
result of your failure to comply. the judgment of conviction? Yes G
Court in
a)
b)
County,
day of
, one of the Justices of the
, 20
State the name and location of the court where the appeal was filed, the result,
the case number and the date of the court’s decision (or attach a copy of the
court’s opinion or order):
(Attorney must sign above and type name below)
Attorney(s) for
State the issues raised:
Office and P.O. Address
14)
Telephone No.:
If you did not appeal, explain briefly why youFacsimile No.:
did not:
E-Mail Address:
Mobile Tel. No.:
2
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www.USCourtForms.com
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......... ..
:
Index No.
:
Plaintiff(s)
-against-
15)
Calendar No.
:
JUDICIAL SUBPOENA
:
:
Other than a direct appeal from the judgment of conviction and sentence, have you
:
previously filed in any federal court any petitions, applications or motions with
respect to the judgment under attack in this motion? Yes G
No G
Defendant(s)
:
......................................................
16)
If your answer to question 15 was “Yes”, give the following information:
a)
As to the first petition, application or motion:
THE PEOPLE OF THE STATE OF NEW YORK
1) Name of court:
TO
2) Nature of proceeding:
GREETINGS:
3) Issues raised:
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
4) Did you receive an evidentiary hearing on your petition, application or
motion? Yes G
No G
Your failure to comply with this subpoena is punishable as a contempt of court and will make you liable to
5) Result:
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.
6) Date of result:
7) Did you
Witness, Honorable appeal the result to the federal appellate, court having jurisdiction?
one of the Justices of the
Yes G No G If you did appeal, give the name of the court where the
Court in
County,
day of
, 20
appeal was filed, the result, the case number, citation and date of the
court’s decision (or attach a copy of the court’s opinion or order):
(Attorney must sign above and type name below)
8) If you did not appeal, briefly explainAttorney(s) did not:
why you for
Office and P.O. Address
b)
As to any second petition, application or motion, give the following
Telephone No.:
information:
3
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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......... ..
:
Index No.
:
1)
Name of court: Plaintiff(s)
2)
3)
Nature of proceeding:
Issues raised:
-against-
Calendar No.
:
JUDICIAL SUBPOENA
:
:
:
Defendant(s)
:
. . . . . . . . . . . . . . .4). . . . . Did. you. receive . . . evidentiary. hearing on your petition, application or
.
. . . . . . . . . . . . . an . . . . . . . . . . . . . .
motion? Yes G
No G
5)
Result:
THE PEOPLE OF THE STATE OF NEW YORK
6)
TO
Date of result:
7)
Did you appeal the result to the federal appellate court having
jurisdiction? Yes G No G If you did appeal, give the name of the
GREETINGS:
court where the appeal was filed, the result, the case number, citation
and date of the court’s decision (or attach aside, you the court’s opinion
WE COMMAND YOU, that all business and excuses being laid a copy of and each of you attend before
,
the Honorable
at the
Court
or order):
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
8)
If you did not appeal, briefly explain why you did not:
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
, one of the Justices of the
As to any third petition, application or motion, give the following information:
County,
day of
, 20
Court in c)
1)
Name of court:
2)
3)
Nature of proceeding:
Issues raised:
(Attorney must sign above and type name below)
Attorney(s) for
4)
Did you receive an evidentiary hearing on your petition, application or
Office and P.O. Address
motion? Yes G
No G
5)
Result:
6)
Date of result:
4
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
7)
Index No.
Calendar No.
:
JUDICIAL SUBPOENA
Did you appeal the result to the federal appellate court having
-against:
jurisdiction? Yes G No G If you did appeal, give the name of the
court where the appeal was filed, the result, the case number, citation
:
and date of the court’s decision (or attach a copy of the court’s opinion
:
or order):
Plaintiff(s)
Defendant(s)
:
......................................................
8)
If you did not YORK
THE PEOPLE OF THE STATE OF NEW appeal, briefly explain why you did not:
TO
GREETINGS:
17)
State concisely every ground on which you claim that you are being held unlawfully.
Summarize briefly the facts supporting each being laid aside, you and each of you attend
WE COMMAND YOU, that all business and excusesground. If necessary, you may attach before
,
the Honorable two extra pages (8 ½" x 11") stating additional grounds or supporting facts.
at the
Court
up to
located at
County ofYou should raise in this motion all available grounds for relief which relate to the
in room conviction under attack.
, 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
a)
Ground One:
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
1)
Supporting facts (tell your story briefly without citing legal authority
result of your failure to comply.
or argument):
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
2)
Has this ground been previously presented to any federal court by way
of petition for writ of habeas corpus, motion pursuant to 28 U.S.C. §
Office application?
2255, or any other petition, motion or and P.O. Address
Yes G
No G
a)
Telephone No.:
If your answer is “Yes”, indicate which type of proceeding you
Facsimile No.:
used to present this ground:
5
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
Index No.
:
Plaintiff(s)
-against-
b)
Calendar No.
:
JUDICIAL SUBPOENA
:
If your answer is “No”, state briefly your reason(s) for not
presenting this ground:
:
:
Defendant(s)
:
. . . . . . . . b) . . . . .Ground .Two:. . . . . . . . . . . . . . . . . . . . . . . . . . .
..
....... ....
THE PEOPLE OF THE STATE OF NEW YORK
1)
TO
Supporting facts (tell your story briefly without citing legal authority
or argument):
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.
2)
Has
Witness, Honorable this ground been previously presented toone of the Justices ofby way
, any federal court the
of petition for writ of habeas corpus, motion pursuant to 28 U.S.C.
Court in
County,
day of
, 20
§2255, or any other petition, motion or application?
Yes G
No G
(Attorney must sign above and type name below)
a)
If your answer is “Yes”, indicate which type of proceeding you
used to present this ground:
b)
If your answer is “No”, state briefly your reason(s) for not
presenting this ground:
Attorney(s) for
Office and P.O. Address
c)
Ground Three:
6
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
1)
Index No.
Calendar No.
:
JUDICIAL SUBPOENA
Supporting facts (tell your story briefly without citing legal authority
-against:
or argument):
Plaintiff(s)
:
:
Defendant(s)
:
......................................................
THE PEOPLE OF THE STATE OF NEW YORK
TO
GREETINGS:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable 2)
at the
Court
Has this ground been previously presented to any federal court by way
located at writ of habeas corpus, motion pursuant to 28 U.S.C.
County of
of petition for
in room
, on the§2255, orof
day any other petition, ,motion or application? Yes Gand at G recessed
, 20
at
o'clock in the
noon, No any
or adjourned date, to testify and give evidence as a witness in this action on the part of the
a)
If your answer is “Yes”, indicate which type of proceeding you
used to present this ground:
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)
Witness, Honorable
Court in
County,
d)
Ground Four:
1)
If your answer is “No”, state briefly your reason(s) for not
presenting this ground:
, one of the Justices of the
day of
, 20
(Attorney must sign above and type name below)
Supporting facts (tell your story briefly without citing legal authority
or argument):
Attorney(s) for
Office and P.O. Address
7
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
:
:
:
Defendant(s)
:
......................................................
2)
Has this NEW YORK
THE PEOPLE OF THE STATE OFground been previously presented to any federal court by way
of petition for writ of habeas corpus, motion pursuant to 28 U.S.C.
§2255, or any other petition, motion or application? Yes G No G
TO
a)
GREETINGS:
If your answer is “Yes”, indicate which type of proceeding you
used to present this ground:
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
b)
If your answer is “No”, state Court your reason(s) for not
briefly
located at this ground:
County of
presenting
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
18)
Do you have any petition, application, motion or appeal now pending in any court
regarding the conviction under attack? Yes G No G If “Yes”, state the name of the
Your failurethecomply withthe proceeding:punishable as a contempt of court and will make you liable to
court and to nature of this subpoena is
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
, one of the Justices of the
19)
representedday of an attorney20 any time during the course of your
by
Court in Were you County,
, at
arraignment and plea, trial (if any), sentencing, appeal (if any), or during the
preparation, presentation or consideration of any petitions, motions or applications
which you filed with respect to this conviction? Yesmust sign above and type name state the
(Attorney G No G If “Yes”, below)
name(s) and address (es) of any such attorney(s), the proceedings in which you were
so represented and whether said attorney(s) was/were of your own choosing or if
appointed by the court:
Attorney(s) for
Office and P.O. Address
Wherefore, movant prays that the court grant him such relief to which he may be entitled in
this proceeding.
8
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com
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COUNTY .OF. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
......... ..
:
:
Signature of Attorney (if any)
Plaintiff(s)
-against-
Index No.
Calendar No.
:Signature of Movant
JUDICIAL SUBPOENA
:
:
:
Defendant(s)
:
......................................................
(Attorney’s full address and telephone
number.)
THE PEOPLE OF THE STATE OF NEW YORK
DECLARATION UNDER PENALTY OF PERJURY
TO
The undersigned declares under penalty of perjury that he is the movant in the above
action, that he has read the above pleading and that the information contained therein is
true and correct.
GREETINGS:
28 U.S.C. § 1746. 18 U.S.C. § 1621.
WE COMMAND YOU, that all business and excuses being laid aside, you and each of you attend before
,
the Honorable
at the
Court
Executed at
on
, 20
.
located at
County of
(Location)
(Date)
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
(Signature)
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
9
Telephone No.:
Facsimile No.:
E-Mail Address:
Mobile Tel. No.:
American LegalNet, Inc.
www.USCourtForms.com