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Page 1Motion to Vacate, Set Aside, or Correct a SentenceBy a Person in Federal Custody(Motion Under 28 U.S.C. 247 2255)Instructions1.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 youwant to challenge a federal judgment that imposed a sentence to be served in the future, you should file the motionin 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 prosecutedfor perjury.5.Answer all the questions. You do not need to cite law. You may submit additional pages if necessary. If you do notfill out the form properly, you will be asked to submit additional or correct information. If you want to submit abrief or arguments, you must submit them in a separate memorandum.6.No fee is required to file this motion. Upon the judge222s determination that an evidentiary hearing will be required,you may be asked to submit an application to proceed in forma pauperis demonstrating your eligibility for appointedcounsel. The forms can be obtained from the Clerk222s Office in the federal district court in which you will be filing your petition.Also, you must submit a certificate signed by an officer at the institution where you are confined showing theamount 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 judgmententered by a different judge or division (either in the same district or in a different district), you must file a separatemotion.8.When you have completed the form, send the original and two copies to 223Clerk, U.S. District Court224 at the addressof the court in which you were sentenced:WESTERN DISTRICT MIDDLE DISTRICT Western Division Eastern Division All Divisions Room 242, Federal Building801 Broadway, Rm 800167 North Main StreetNashville TN 37203Memphis TN 38103EASTERN DISTRICT Chattanooga Division 900 Georgia Ave, Room 309Chattanooga TN 37402Knoxville Division 800 Market Street, Suite 130Knoxville TN 37902 Room 262, U. S. Courthouse111 South Highland AvenueJackson TN 38301Greeneville Division220 West Depot Street, Suite 200Greeneville TN 37743 9.CAUTION: You must include in this motion all the grounds for relief from the conviction or sentence that youchallenge. 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.10.CAPITAL CASES: If you are under a sentence of death, you are entitled to the assistance of counsel and shouldrequest the appointment of counsel. American LegalNet, Inc. www.FormsWorkFlow.com Page 2MOTION UNDER 28 U.S.C. 247 2255 TO VACATE, SET ASIDE, OR CORRECTSENTENCE BY A PERSON IN FEDERAL CUSTODYUnited States District Court District Name (under which you were convicted):Docket or Case No.: Place of Confinement:Prisoner No.: UNITED STATES OF AMERICA Movant (include name under which you were convicted) v. MOTION1.(a) Name and location of court that 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.Length of sentence: 4.Nature of crime (all counts): 5.(a) What was your plea? (Check one)(1) Not guilty 223(2) Guilty 223(3) Nolo contendere (no contest) 223(b) If you entered a guilty plea to one count or indictment, and a not guilty plea to another countor indictment, 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 223 Judge only 223 American LegalNet, Inc. www.FormsWorkFlow.com Page 37.Did you testify at a pretrial hearing, trial, or post-trial hearing? Yes 223 No 2238.Did you appeal from the judgment of conviction? Yes 223 No 2239.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: (g) Did you file a petition for certiorari in the United States Supreme Court?Yes 223 No 223If 223Yes,224 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: 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 223 No 22311.If your answer to Question 10 was 223Yes,224 give the following information:(a)(1) Name of court: (2) Docket or case number (if you know): (3) Date of filing (if you know): American LegalNet, Inc. www.FormsWorkFlow.com Page 4(4) Nature of the proceeding: (5) Grounds raised: (6) Did you receive a hearing where evidence was given on your motion, petition, orapplication?Yes 223No 223(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 or case number (if you know): (3) Date of filing (if you know): (4) Nature of the proceeding: (5) Grounds raised: (6) Did you receive a hearing where evidence was given on your motion, petition, orapplication? Yes 223 No 223(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 yourmotion, petition, or application?(1) First petition:Yes 223 No 223(2) Second petition:Yes 223 No 223 American LegalNet, Inc. www.FormsWorkFlow.com Page 5(d) If you did not appeal from the action on any motion, petition, or application, explain brieflywhy you did not: 12.For this motion, state every ground on which you claim that you are being held in violation of theConstitution, laws, or treaties of the United States. Attach additional pages if you have morethan 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 223 No 223(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 223No 223(2) If your answer to Question (c)(1) is 223Yes,224 state:Type of motion or petition: Name and location of the court where the motion or petition was filed: American LegalNet, Inc. www.FormsWorkFlow.com Page 6Docket or case number (if you know): Date of the court222s decision: Result (attach a copy of the court222s opinion or order, if available): (3) Did you receive a hearing on your motion, petition, or application?Yes 223 No 223(4) Did you appeal from the denial of your motion, petition, or application?Yes 223 No 223(5) If your answer to Question (c)(4) is 223Yes,224 did you raise this issue in the appeal?Yes 223 No 223(6) If your answer to Question (c)(4) is 223Yes,224 state:Name and location of the court where the appeal was filed: Docket or case number (if you know): Date of the court222s decision: Result (attach a copy of the court222s opinion or order, if available): (7) If your answer to Question (c)(4) or Question (c)(5) is 223No,224 explain why you did not appeal orraise this issue: GROUND TWO: (a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): American LegalNet, Inc. www.FormsWorkFlow.com Page 7 (b) Direct Appeal of Ground Two:(1) If you appealed from the judgment of conviction, did you raise this issue?Yes 223 No 223(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