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Motion To Vacate Set Aside Or Correct Sentence - Maryland
| Motion To Vacate Set Aside Or Correct Sentence Form. This is a Maryland form and can be used in Pro Se District Court Federal . |
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INSTRUCTIONS FOR PERSONS FILING A PRO SE MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. 2255These instructions are to help you understand the form for filing a motion to vacate, set aside, or correctsentence and a little bit about Court procedures, but THE COURT CANNOT GIVE YOU LEGALADVICE. Is this form for you?Generally, 2255 may be used by a person in custody pursuant to a judgment by a federal court or whoin the future will be in custody pursuant to a judgment by a federal court, to seek a determination that thecustody is in violation of the Constitution or laws of the United States, or that the court did not havejurisdiction to impose the judgment, or that the sentence exceeds the maximum permitted by law, or isotherwise subject to collateral attack. 28 U.S.C. 2255 limits the jurisdiction of a Federal District Courtto one motion per judgment, unless permission to consider a second or successive motion is given by theUnited States Court of Appeals for the Circuit in which the Court is located. If you previously filed amotion under 28 U.S.C. 2255 challenging the same judgment, which was dismissed or denied withprejudice, do not use these forms. Use the forms for filing a motion with the United States Court ofAppeals to authorize consideration of a second or successive motion to vacate, set aside, or correctsentence. How to file a motionTo begin proceedings under 2255 you must file an original and one copy of your motion with the court.You should keep a copy of the motion for your own records. The Court is not responsible for providingcopies to you. ALL COPIES MUST BE IDENTICAL TO THE ORIGINAL.Your motion must be legibly handwritten or typed. If you need more space to answer a question you maywrite on the back of the form or attach additional pages. All pages should be 8 by 11".On the forms, fill in your criminal case number. Do not write in the blank for the civil action number. If you wish to challenge judgments from different courts or judgments entered at different times in differentcases, you must file a separate motion for each judgment. If you are challenging multiple convictions in asingle indictment, you may file a single motion.Answer all of the questions carefully. FAILING TO PROVIDE THE INFORMATION REQUESTEDMAY RESULT IN YOUR MOTION BEING DENIED OR CAUSE DELAYS IN PROCESSINGYOUR MOTION. In your motion list each ground on which you are seeking relief and state the facts of your case that support2255 Motion (Rev. 02/18/2005) <<<<<<<<<********>>>>>>>>>>>>> 2each ground. Because federal law limits the circumstances under which a second or successive motion maybe considered, you should include all grounds upon which you wish to seek relief. It is not necessary toprovide legal citations. If you wish to submit arguments in support of your motion, they should be in theform of a separate memorandum. The motion must be signed under oath by the person seeking relief or by someone authorized to act on hisor her behalf. Where to file A motion under 2255 must be filed in the court where judgment was entered. In Maryland, there are twodivisions of the federal court. When the forms are completed, mail the original and one copy to the divisionwhere your trial was held. Clerks Office Clerks OfficeUnited States District Court United States District Courtfor the District of Maryland for the District of MarylandNorthern Division Southern Division101 West Lombard Street 6500 Cherrywood LaneBaltimore, Maryland, 21201 Greenbelt, Maryland 20770There is no filing fee for a 2255 motion. What the court will do with your motionOnce your motion is received by the Court it will be reviewed and a civil action number assigned. Youmotion will then be forwarded to the judge who presided over your criminal trial. If that judge is no longeractive, a new judge will be assigned. Everything that you receive from the Court about your case will haveboth your criminal case number and the new civil case number on it. Everything that you send to the Courtother than the motion should have both numbers on it. The Court may order that you provide additionalinformation. If it does, it is important that you submit the information in a timely manner. If you do notrespond your motion may be denied. The Court may order that the government respond to your motion.If a response is filed you may file a reply within thirty (30) days from the date it was filed or such other timeas is fixed by the Court. Things to know about representing yourselfThere are specific procedural rules which apply to actions under 28 U.S.C. 2255. They are called theRules Governing Section 2255 Proceedings For The United States District Courts. The Federal Rules ofCivil Procedure will apply in some circumstances, as well as the Local Rules of this Court. 2255 Motion (Rev. 02/18/2005) 2 <<<<<<<<<********>>>>>>>>>>>>> 3Unless directed otherwise, all communications to the Court about your case should be addressed to theClerk of the Court. You must notify the Court in writing of any change in your address. Failure to do this may resultin dismissal of your case. After you file the motion no communication about your case should be sent directly to any judge. If youwant to ask the Court to do something, you should file a motion. Pleadings and motions should be filedwith the Clerk and a copy should be mailed to the Assistant United States Attorney representing thegovernment. It is important to include a certificate of service on anything you file showing when you mailedcopies and to whom they were sent. The certificate of service appears at the end of the pleading or motionand looks like the sample below. CERTIFICATE OF SERVICE I hereby certify that on this ______ day of ___________________, _____, a copy of this (title of the document) , was mailed, postage prepaid, to (name and address of the attorney or person to whom you sent it). (your signature )It is not necessary to state in the certificate of service that copies were sent to the Court or to the Clerk.Do not file any motions or memoranda that are longer than fifty pages unless you have received permissionfrom the Court. Most motions and memoranda should be much shorter than fifty pages.You do not have to file copies of exhibits that are already on file in the same case. For example, if thegovernment files a response to your motion and attaches as an exhibit a copy of a plea agreement, you donot have to attach a copy of that document to any motions or memoranda you file. You may
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