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Motion To Vacate Set Aside Or Correct Sentence By A Person In Federal Custody CV-67 - California
|Motion To Vacate Set Aside Or Correct Sentence By A Person In Federal Custody Form. This is a California form and can be used in Civil USDC Central Federal .||
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NAME PRISON IDENTIFICATION/BOOKING NO. ADDRESS OR PLACE OF CONFINEMENT Note: If represented by an attorney, provide name, address & telephone number. It is your responsibility to notify the Clerk of Court in writing of any change of address. UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA UNITED STATES OF AMERICA, Plaintiff, v. CASE NUMBER: CV To be supplied by the Clerk of the United States District Court CR Criminal case under which sentence was imposed. FULL NAME OF MOVANT (Include name under which you were convicted) Petitioner. MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY 28 U.S.C § 2255 INSTRUCTIONS - READ CAREFULLY This motion must be legibly handwritten or typewritten and signed by the movant under penalty of perjury. Any false statement of a material fact may serve as the basis for prosecution and conviction for perjury. All questions must be answered concisely in the proper space on the form. Where more room is needed to answer any questions use reverse side of sheet. Additional pages are not permitted. No citation or authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum. Upon receipt, your motion will be filed if it is in proper order. NO FEE is required with this motion If you do not have the necessary funds for transcripts, counsel, appeal, and other costs connected with a motion of this type, you may request permission to proceed in forma pauperis, in which event you must execute the declaration on the last page, setting forth information establishing your inability to pay costs. If you wish to proceed in forma pauperis, you must have an authorized officer at the penal institution complete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution. Only judgments entered by one court may be challenged in a single motion. If you seek to challenge judgments entered by different judges or divisions either in the same district or in a different districts, you must file separate motions as to each judgment. Your attention is directed to the fact that you must include all grounds for relief and all facts supporting such grounds for relief in the motion you file seeking relief from any judgment of conviction. When the motion is fully completed, the original and three (3) copies must be mailed to the Clerk of the United States District Court, whose address is 312 North Spring Street, Los Angeles, California 90012. MOTION 28 U.S.C § 2255 CV-67 (02/05) Page 1 of 6 American LegalNet, Inc. www.USCourtForms.com MOTION 1. Name and location of court which entered judgment of conviction under attack: 2. Date of judgment of conviction: 3. Length of sentence: 4. Nature of offense or offenses for which you were convicted: Sentencing judge: 5. What was your plea? (check one) G Not guilty G Guilty G Nolo Contendere If you entered a guilty plea to one count or indictment, and a not guilty plea to another count or indictment, give details: 6. Kind of trial: (check one) G Jury G Judge only 7. Did you testify at the trial? G Yes G No 8. Did you appeal from the judgment of conviction? G Yes G No MOTION 28 U.S.C § 2255 CV-67 (02/05) Page 2 of 6 American LegalNet, Inc. www.USCourtForms.com 9. If you did appeal, answer the following: (a) Name of court (b) Result (c) Date of result 10. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications or motions with respect to this judgment in any federal court? G Yes G No 11. If your answer to question number 10 was "yes", give the following information: (a) (1) Name of Court (2) Nature of proceeding (3) Grounds raised (4) Did you receive an evidentiary hearing on your petition, application or motion? G Yes (5) Result G No (6) Date of result (b) (1) Name of Court (2) Nature of proceeding (3) Grounds raised (4) Did you receive an evidentiary hearing on your petition, application or motion? G Yes (5) Result G No (6) Date of result (c) (1) Name of Court (2) Nature of proceeding (3) Grounds raised (4) Did you receive an evidentiary hearing on your petition, application or motion? G Yes G No MOTION 28 U.S.C § 2255 CV-67 (02/05) Page 3 of 6 American LegalNet, Inc. www.USCourtForms.com (5) Result (6) Date of result (d) Did you appeal, to an appellate federal court having jurisdiction, the results of action taken on any petition, application or motion? (1) First petition, etc. G Yes G No (2) Second petition, etc. G Yes G No (3) Third petition, etc. G Yes G No (e) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not: 12. State concisely every ground on which you claim that you are being held unlawfully. CAUTION: If you fail to set forth all grounds in this motion, you may be barred from presenting additional grounds at a later date. For your information, the following is a list of the most frequently raised grounds for relief in these proceedings. Each statement preceded letter constitutes a separate ground for possible relief. You may raise any grounds which you have other than those listed. However, you should raise in this motion all available grounds (relating to this conviction) on which you base your allegations that you are being held in custody unlawfully. If you selected one or more of these grounds for relief, you must allege facts in support of the grounds listed below. The petition will be returned to you if you merely check (a) through (j) or any one of these grounds. (a) Conviction obtained by plea of guilty which was unlawfully induced or not made voluntarily or with understanding of the nature of the charge and the consequences of the plea. (b) Conviction obtained by use of coerced confession. (c) Conviction obtained by use of evidence gained pursuant to an unconstitutional search and seizure. (d) Conviction obtained by use of evidence obtained pursuant to an unlawful arrest. (e) Conviction obtained by violation of the privilege against self-incrimination. (f) Conviction obtained by the unconstitutional failure of the prosecution to disclose to the defendant evidence favorable to the defendant. (g) Conviction obtained by a violation of the protection against double jeopardy. (h) Conviction obtained by action of a grand or petit jury which was unconstitutionally selected and impaneled. (i) Denial of effective assistance of counsel.