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Motion To Vacate Set Aside Or Correct Sentence By A Person In Federal Custody - Illinois
| Motion To Vacate Set Aside Or Correct Sentence By A Person In Federal Custody Form. This is a Illinois form and can be used in USDC Northern Federal . |
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INSTRU CTIONS FOR FIL ING A MOTION TO VACATE, SET ASIDE , OR CORRECT SEN TENCE PURSUA NT TO 28 U.S.C. SECTION 2255 -READ CAREFULLY- 1) The motion must be legibly handwritten or typewritten and signed by the movant. It is not necessary to swear to the motion under oath before a notary public. However, you must attest under penalty of perjury that your motion is true and correct. You are warned that any false statement of a material fact may subject you to further prosecution and conviction. 2) All questions must be answered concisely in the proper space on the form. Additional pages are not permitted except with respect to the facts upon which you rely to support your claim, if necessary. Briefs or arguments are not to be submitted unless requested by an order of court. Documents submitted which are not in compliance with this instruction will be returned. 3) In a single motion you may challenge the judgment of only one court. If you seek to challenge several judgments of conviction entered by different judges, either in the same or different districts, you must file separate motions as to each judgment in the appropriate district. 4) In your motion you should raise all available grounds for relief. If you fail to do so, you may be barred from presenting additional grounds at a later date. 5) No filing fee is required with this motion. However, 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. To do this, you must execute the enclosed affidavit setting forth information establishing your inability to pay the costs. If you wish to proceed in forma pauperis, you must also have an authorized officer at the correctional institution complete the certificate indicating the amount of money and securities on deposit in any trust account in the institution. 6) When the motion is fully completed, the original and two copies must be mailed to the Clerk of the United States District Court, Northern District of Illinois, 219 South Dearborn Street, Chicago, Illinois 60604. <<<<<<<<<********>>>>>>>>>>>>> 2 MOTION UNDER 28 U.S.C. SECTION 2255 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY UNITED STATES ) ) ) ) ) ) CASE NO.________________ v. ) (To be supplied by clerk) ) ) ) ) (Full name and prison number of ) movant) ) IF THE MOVANT HAS A SENTENCE TO BE SERVED IN THE FUTURE UNDER A FEDERAL JUDGMENT WHICH HE WISHES TO ATTACK, HE SHOULD FILE A MOTION IN THE FEDERAL COURT WHICH ENTERED THE JUDGMENT. 1. Place of detention, or if on parole, date of parole release .2. Name and location of court which sentence was imposed and name of judge who imposed the sentence which is now under attack. 1 <<<<<<<<<********>>>>>>>>>>>>> 33. Date of judgment of conviction: 4. Case number: 5. Length of sentence: 6. Nature of offense involved (all counts): 7. What was your plea? (check one) (A) Not guilty ( ) (B) Guilty ( ) (C) Nolo Contendere ( ) 8. Kind of trial: (check one) (A) Jury ( ) (B) Judge only ( ) 9. Did you testify at the trial? Yes ( ) No ( ) 10. Did you appeal from the judgment of conviction? Yes ( ) No ( ) 11. If you did appeal, answer the following: (A) Name of court (B) Result (C) Date of result 12. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petiti ons, appli- cations or motions with res pec t to this judgment in any federal court? Yes ( ) No ( ) 2 <<<<<<<<<********>>>>>>>>>>>>> 413. If your answer to (12) 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? Yes ( ) No ( ) (5) Result (6) Date of result (B) As to any second petition, application or motion, give the same information: (1) Name of the court (2) Nature of proceeding (3) Grounds Raised (4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ( ) No ( ) (5) Result (6) Date of result (C) As to any third petition, application or motion, give the same information: (1) Name of the court (2) Nature of proceeding (3) Grounds Raised 3 <<<<<<<<<********>>>>>>>>>>>>> 5 (4) Did you receive an evidentiary hearing on your petition, application or motion? Yes ( ) No ( ) (5) Result (6) Date of result (D) Did you appeal, to an appellate federal court having jurisdiction, the result of a ction taken on any petition, application or motion? (1) First petition, etc. Yes ( ) No ( ) (2) Second petition, etc. Yes ( ) No ( ) (3) Third petition, etc. Yes ( ) No ( )(E) If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not: 14. State concisely every ground on which you claim that you are being held unlawfully. Summarize briefly the facts supporting each g round. If necessary, you may attach pages stating additional grounds and facts supporting same. CAUTION: IF YOU FAIL TO SET FORTH ALL GROUNDS IN THIS MOTION, YOU MAY BE BARRED FROM PRESENTING ADDITIONAL GROUNDS AT A LATER DATE. A. Ground one 4 <<<<<<<<<********>>>>>>>>>>>>> 6 Supporting FACTS (tell your story briefly without citing cases or law: B. Ground two Supporting FACTS (tell your story briefly without citing cases or law): C. Ground three Supporting FACTS (tell your story briefly without citing cases or law): 5 <<<<<<<<<********>>>>>>>>>>>>> 7D. Ground four Supporting FACTS (tell your story briefly without citing cases or law: 15. If any of the grounds listed in 14 A, B, C, and D we re not previously presented, state briefly what grounds were not so presented, and give your reasons for not presenting them: 16. Do you have any petition or appeal now pending in any court as to the judgment under attack? Yes ( ) No ( ) (A) If YES, state the name of the court and the nature of the proceeding: 17. Give the name and address, if known, of each attorney who represented you in the following stages of the j udgment attacked herein: (A) At preliminary hearing (B) At arraignment and plea 6 <<<<<<<<<********>>>>>>>>>>>>> 8 (C) At trial (D) At sentencing (E) On appeal (F) In any post-conviction proceeding (G) On appeal from any adverse ruling in a pos t-co nviction proceeding 18. Were you sentenced on more than one count of an indictment, or more than one indictment, in the same court an d a t approximately t
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