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Motion By Person In Federal Custody To Vacate Set Aside Or Correct Sentence Under 28 USC 2255 - Florida
| Motion By Person In Federal Custody To Vacate Set Aside Or Correct Sentence Under 28 USC 2255 Form. This is a Florida form and can be used in USDC Northern Federal . |
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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA INSTRUCTIONS FOR PERSONS IN FEDERAL CUSTODY FOR FILING A MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. 2255 Pro se 2255 motions will not be considered by the Court unless this 2255 form has been completed by the movant/defendant as explained below. Explanation and Instructions Read Carefully 1. This motion must be legibly handwritten or typewritten, and signed by the movant under the penalty ofperjury. Any false statement of a material fact may se rve as the basis for prosecution and conviction for perjury.All questions must be answered concisely in the proper space on the form. 2. You must include all grounds for relief and a summary of facts supporting each ground raised, as claimsraised later may be barred. You may submit additional pages to explain the facts which you rely upon to supportyour grounds for relief. 3. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submittedin the form of a separate memorandum not to exceed 25 pages in length absent prior leave of court. The formmust still be completed. 4. Generally, motions filed pursuant to 2255 must be filed within one year from the date your convictionbecomes final. Refer to the text of title 28 U.S.C. 2255 for specific details on the statute of limitations thatapplies to these motions. 5. If you have previously filed a 2255 motion regarding the conviction or sentence challenged in the instantmotion, authorization for a second or successive motion to vacate must be obtained from the Eleventh CircuitCourt of Appeals. See 28 U.S.C. 2244(b)(3). Forms for requesting such authorization may be obtained fromthis court or the Eleventh Circuit. 6. When the motion is fully completed, the original and two copies must be mailed to the Clerk of the UnitedStates District Court in the division in which you were convicted: Tallahassee Division Gainesville Division Pensacola OR Panama City Division Clerk, U.S District Court Clerk, U.S District Court Clerk, U.S District Court 111 N. Adams St. 401 SE First Ave., Room 243 1 N. Palafox St., Room 226 Tallahassee, FL 32301-7717 Gainesville, FL 32601 Pensacola, FL 32502-56587. Upon receipt, the motion will be filed if it is in the proper order. No filing fee is required.8. While this case is pending, you must immediately file a notice of address change with the Court upon transferor release. Failure to notify the Court of a new address may result in dismissal of the case for failure toprosecute. 9. Once the Court has ordered a response and counsel for the government has appeared, any documents sentto the Court must also be sent to counsel as reflected in a certificate of service showing the date the documentor copy was mailed. Failure to include a certificate of service may result in a document being returned to youwithout filing. Revised 07/02 <<<<<<<<<********>>>>>>>>>>>>> 2UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA MOTION BY A PERSON IN FEDERAL CUSTODY TO VACATE, SET A SIDE, OR CORRE CT SENTENCE UNDER 28 U.S.C . 2255 Division UNITED STATES DISTRICT COURT Name of Movant/Defendant Prisoner No. Case No. Place of Confinement (including address) UNITED ST ATES OF AMERICA v. (name under which convicted) MOTI ON 1. Nam e and location of court which entered the judgm ent of conviction under attac k: 2. Date of judgm ent of conviction: 3. Length of sentence: 4. Nature of offense involved (all counts): 5. W hat was your plea? (Check one) (a) Not Guilty G (b) Guilty G (c) Nolo contendere G If you entered a guilty plea to one count or indictment, and not a guilty plea to another count or indictment,give details: 6. If you pleaded not guilty, what kind of trial did you have? (Check one) (a) Jury G (b) Judge only G 7. Did you testify at the trial? Yes G No G 1 <<<<<<<<<********>>>>>>>>>>>>> 38. Did you appea l from the judgmen t of conviction to the Eleve nth Circuit Court of Appea l? Yes G No G 9. If you did appeal, answer the following: (a) Resu lt: (b) Date of result and mandate: 10. Did you file a petition for rehearing? Yes G No G 11. If you did file a petition for rehearing, provide the date and result of the petition: 12. Did you file a petition for certiorari review? Yes G No G 13. If you did file a petition for certiorari review, provide the date a nd result of the petition: 14. Have you previously filed any post-conviction petitions, applications or motions, including previous 2255 motions, with respect to this judgment in any federal court? Yes G No G 15. If your answer to 14 was yes, give the following information: (a) (1) Nam e of court: (2) Nature of procee ding: (3) Grounds ra ised: (4) Did you receive an evidentiary hearing on your petition, application or motion? Yes G No G (5) Resu lt: (6) Date of result: If you filed more than one such pet ition, please include the sa me information request ed in 11(a) (b) on a sep arate sheet of pap er. 2<<<<<<<<<********>>>>>>>>>>>>> 4 (c) Did you appeal , to an appellate federa l court having jurisdiction, the resul t of action taken on your petition, application or motion? (1) First petition, etc. Yes G No G (2) Second petition, etc. Yes G No G (d) If you did not appeal from the adve rse action of any petition, application or motion, explain briefly why you did not: 16. St ate concise ly every ground on which you claim that you are being held in violation of theconstitution, laws or treati es of the United Stat es. Summ arize briefly the facts supporting ea ch ground. Ifnecessary , you may attach pages st ating additional grounds and facts supporting the same.Caution: If you fail to set forth all grounds in this motion, you may be barred from presenting additionalgrounds at a later date. A. Gr ound one: Supporting FACTS (state briefly without citing cases or law): B. Gr ound two: Supporting FACTS (state briefly without citing cases or law): 3 <<<<<<<<<********>>>>>>>>>>>>> 5C. Gr ound three: Supporting FACTS (state briefly without citing cases or law): D. Gr ound four: Supporting FACTS (state briefly without citing cases or law): 17. As t o the grounds listed in 16A, B, C, and D, explain whether any grounds were previously present ed,and for those t hat were not previously present ed, st ate briefly your reaso ns for not pres enting them: 18. Do you have a ny petition or appeal now pending in any court as to the judgment under attack? Yes G No G 19. Do you have any future sent ence to s
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