Motion Under 28 USC 2255 By Person In Federal Custody

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS MOTION UNDER 28 U.S.C. SECTION 2255, TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY UNITED STATES OF AMERICA PLACE OF CONFINEMENT vs. PRISONER ID NUMBER MOVANT (full name of movant) CRIMINAL CASE NUMBER (If a 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. 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 needs to 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. American LegalNet, Inc. www.FormsWorkFlow.com Page 2 of 10 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 provided with this motion, setting forth information establishing your inability to prepay the fees and costs or give security therefor. 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 either in the same district or in different districts, you must file separate motions as to each such 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 original and two copies must be mailed to the Clerk of the United States District Court for the Northern District of Texas at the appropriate divisional office whose address is: Abilene Division P.O. Box 1218 Abilene, TX 79604 Amarillo Division 205 E. 5th St, Rm 133 Amarillo, TX 79101 Dallas Division 1100 Commerce, Rm 1452 Dallas, TX 75242 Fort Worth Division 501 W. 10th St, Rm 310 Fort Worth, TX 76102 Lubbock Division 1205 Texas Ave., Rm 209 Lubbock, TX 79401 San Angelo Division 33 East Twohig St, Rm 202 San Angelo, TX 76903 Wichita Falls Division P.O. Box 1234 Wichita Falls, TX 76307 8. Motions which do not conform to these instructions will be returned with a notation as to the deficiency. American LegalNet, Inc. www.FormsWorkFlow.com Page 3 of 10 MOTION 1. Name and location of court that entered the judgment of conviction you are challenging: 2. Date of the judgment of conviction: 3. Length of sentence: 4. Nature of offense involved (all counts): 5. (a) What was your plea? (Check one) Not guilty Guilty Nolo contendere (no contest) (b) If you entered a guilty plea to one count or indictment, and a not guilty plea to another count or 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) 7. Did you testify at the trial? (Check one) 8. Did you appeal from the judgment of conviction? (Check one) 9. If you did appeal, answer the following: Name of Court: Result: Date of result: Jury Yes Yes Judge Only No No American LegalNet, Inc. www.FormsWorkFlow.com Page 4 of 10 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? No Yes 11. If your answer to 10 was "Yes" give the following information: Name of Court: Nature of proceeding: Grounds raised: Did you receive an evidentiary hearing on your petition, application or motion? Yes No Result: Date of result: As to any second petition, application or motion, give the same information: Name of Court: Nature of proceeding: Grounds raised: Did you receive an evidentiary hearing on your petition, application or motion? Yes No Result: Date of result: American LegalNet, Inc. www.FormsWorkFlow.com Page 5 of 10 As to any third petition, application or motion, give the same information: Name of Court: Nature of proceeding: Grounds raised: Did you receive an evidentiary hearing on your petition, application or motion? Yes Result: Date of result: No Did you appeal to an appellate federal court having jurisdiction, the result of action taken on any petition, application or motion? First petition, etc. Second petition, etc. Third petition, etc. Yes Yes Yes No No No If you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not: American LegalNet, Inc. www.FormsWorkFlow.com Page 6 of 10 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. 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 may have other than those listed. However, you should raise in this petition all available grounds (relating to this conviction) on which you based your allegations that you are being held in custody unlawfully. DO NOT CHECK ANY OF THESE LISTED GROUNDS. If you select one or more of these grounds for relief, you must allege facts. The motion will be returned to you if you merely check (a) through (j) or any 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 t