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Motion Under 28 USC 2255 To Vacate Set Aside Or Correct Sentence By Person In Federal Custody - New York
| Motion Under 28 USC 2255 To Vacate Set Aside Or Correct Sentence By Person In Federal Custody Form. This is a New York form and can be used in General Eastern District District Court Federal . |
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Motion to Vacate, Set Aside, or Correct a Sentence By a Person in Federal Custody (Motion Under 28 U.S.C. 2255) Instructions1. To use this form, you must be a person who is serving a sentence under a judgment against you in a federalcourt. 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 you want to challenge a federal judgment that imposed a sentence to be served in the future, you should file themotion in the federal court that entered that judgment.3. 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. 4. Make sure the form is typed or neatly written. 5. You must tell the truth and sign the form under penalty of perjury. If you make a false statement, you may beprosecuted for perjury. 6. Answer all the questions. You do not need to cite law. You may submit additional pages if necessary. If youdo not fill out the form properly, you will be asked to submit additional or correct information. If you want tosubmit a brief or arguments, you must submit them in a separate memorandum.7. CAUTION: You must include in this motion all the grounds for relief from the conviction or sentencethat you challenge. And you must state the facts that support each ground. If you fail to set forth all thegrounds in this motion, you may be barred from presenting additional grounds at a later date.8. Complete the attached form, keep a copy for yourself and send the original plus two copies (you need not copythese instructions) to: The Pro Se Office United States District Court Eastern District of New York 225 Cadman Plaza East Brooklyn, NY 11201<<<<<<<<<********>>>>>>>>>>>>> 2 MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY District United States District Court Name: Docket or Case No.: Place of Confinement: Prisoner No.: UNITED STATES OF AME RICA M(oinclvaudent name under which convicted) v. MOTION 1. (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 guiltyG (2) Guilty G (3) Nolo contendere (no contest) G (b) If you entered a guilty plea to one count or indictment, and a not guilty plea to another count or 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) GJury Judge only G7. Did you testify at either a pretrial hearing, trial or post-trial hearing? GYes No G<<<<<<<<<********>>>>>>>>>>>>> 38. Did you appeal from the judgment of conviction? Yes G No G9. 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? GYesNo G If Yes, 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, orapplications concerning this judgment of conviction in any court? Yes G No G 11. If your answer to Question 10 was Yes, give the following information: (a) (1) Name of court: (2) Docket or case number (if you know): (3) Date of filing (if you know): (4) Nature of the proceeding: <<<<<<<<<********>>>>>>>>>>>>> 4 (5) Grounds raised: (6) Did you receive a hearing where evidence was given on your motion, petition, application? Yes G No G (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, or application? Yes G No G (7) Result: (8) Date of result (if you know): (c) Did you appeal to a federal appellate court having jurisdiction the action taken on your motion, petition, orapplication? (1) First petition: YesG No G (2) Second petition: YeGs No G(d) If you did not appeal from the action on any motion, petition, or application, explain briefly why you didnot: <<<<<<<<<********>>>>>>>>>>>>> 512. 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 factssupporting 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 G No G (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 G No G (2) If your answer to Question (c)(1) is Yes, state: Type of motion or petition: Name and location of the court where the motion or petition was filed: Docket or case number (if you know): Date of the courts decision: Result (attach a copy of the courts opinion or order, if available): (3) Did you receive a hearing on your motion, petition, or application? Yes G No G<<<<<<<<<********>>>>>>>>>>>>> 6 (4) Did you appeal from the denial of your motion, petition, or application? Yes G No G (5) If your answer to Question (c)(4) is Yes, did you raise this issue in the appeal? Yes G No G (6) If your answer to Question (c)(4) is Yes, state: Name and location of the court where the appeal was filed: Docket or case number (if you know): Date of the courts decision: Result (attach a copy of the courts opinion or order, if available): (7) If your answer to Question (c)(4) or Question (c)(5) is No, explain why you did not appeal or raise this issue: GROUND TWO: (a)
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