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Motion To Vacate-Set Aside-Or Correct Sentence By A Person In Federal Custody - Arizona
| Motion To Vacate-Set Aside-Or Correct Sentence By A Person In Federal Custody Form. This is a Arizona form and can be used in District Court Federal . |
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Name Prison Number Place of Confinement IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA UNITED STATES OF AMERICA vs. , (Full Name of Movant) , (Include name under which you were convicted.) Movant. ) ) ) ) ) ) ) ) ) ) ) ) ) Case Number (To be supplied by the Clerk, U. S. District Court) MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY (28 U.S.C. ยง 2255) (If 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.) INSTRUCTIONS - READ CAREFULLY (1) 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 question, use reverse side of sheet. (2) Additional pages are not permitted except with respect to the facts which you rely upon to support your grounds for relief. No citation of authorities need be furnished. If briefs or arguments are submitted, they should be submitted in the form of a separate memorandum. (3) Upon receipt, your motion will be filed if it is in proper order. No fee is required with this motion. (4) 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 two (2) pages, setting forth information establishing your inability to pay the 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. (5) 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 (6/22/82) 510 American LegalNet, Inc. www.USCourtForms.com either in the same district or in different districts, you must file separate motions as to each judgment. (6) 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. (7) When the motion is fully completed, the must be mailed to: Phoenix & Prescott Divisions: OR U.S. District Court Clerk U.S. Courthouse, Suite 321 401 West Washington St., SPC 10 Phoenix, Arizona 85003-2119 original and two (2) copies Tucson Division: U.S. District Court Clerk U.S. Courthouse, Suite 1500 405 West Congress Street Tucson, Arizona 85701-5010 (8) Motions which do not conform to these instructions will be returned with a notation as to the deficiency. MOTION 1. 2. 3. 4. Name and location of court which entered the judgment of conviction under attack: Date of judgment of conviction: Length of sentence: Sentencing Judge: Nature of offense involved (all counts): 5. What was your plea? (Check one) (a) Not Guilty () (b) Guilty () (c) 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: Kind of trial: (Check one) (a) Jury () (b) Judge only ( ) 7. Did you testify at the trial? Yes ( ) No ( ) 8. Did you appeal from the judgment of conviction? Yes ( ) No ( ) 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? Yes ( ) No ( ) 11. If your answer to 10 was "yes," give the following information: (a) (1) Name of Court: (2) Nature of proceeding: -2American LegalNet, Inc. www.USCourtForms.com 6. (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 court: (2) Nature of proceeding: (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 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: (d) Did you appeal, to an appellate federal court having jurisdiction, the result of action 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: 12. State concisely every ground on which you claim that you are being held unlawfully. Summarize briefly the facts supporting each ground. 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. -3American LegalNet, Inc. www.USCourtForms.com For your information, the following is a list of the most frequently raised grounds for relief in these proceedings. Each statement preceded by a 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 select one or more of these grounds for relief, you must allege facts in support of the ground or grounds which you choose. Do not check any of the grounds listed below. The motion 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
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