Motion To Vacate Set Aside Or Correct Sentence By A Person In Federal Custody {CV-67} | Pdf Fpdf Docx | California

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Motion To Vacate Set Aside Or Correct Sentence By A Person In Federal Custody {CV-67} | Pdf Fpdf Docx | California

Motion To Vacate Set Aside Or Correct Sentence By A Person In Federal Custody {CV-67}

This is a California form that can be used for Civil within Federal, USDC Central.

Alternate TextLast updated: 6/8/2018

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CV-67 (0/)MOTIONPage1of 28 U.S.C 247 2255 NAME PRISON IDENTIFICATION/BOOKING NO. ADDRESS OR PLACE OF CONFINEMENT Note:If represented by an attorney, provide name, address & telephonenumber. It is your responsibility to notify the Clerk of Court inwriting of any change of address.UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIAUNITED STATES OF AMERICA,Plaintiff,v. FULL NAME OF MOVANT (Include name under which you were convicted)Petitioner.CASE NUMBER:CV To be supplied by the Clerk of the United States District CourtCR Criminal case under which sentence was imposed. MOTION TO VACATE, SET ASIDE ORCORRECT SENTENCE BY A PERSON INFEDERAL CUSTODY28 U.S.C 247 2255 INSTRUCTIONS - READ CAREFULLYThis motion must be legibly handwritten or typewritten and signed by the movant under penalty of perjury. Any false statement of a materialfact may serve as the basis for prosecution and conviction for perjury. All questions must be answered concisely in the proper space onthe form. Where more room is needed to answer any questions use reverse side of sheet.Additional pages are not permitted. No citation or authorities need be furnished. If briefs or arguments are submitted, they should besubmitted in the form of a separate memorandum.Upon receipt, your motion will be filed if it is in proper order. NO FEE is required with this motionIf you do not have the necessary funds for transcripts, counsel, appeal, and other costs connected with a motion of this type, you may requestpermission to proceed , in which event you must execute the declaration on the last page, setting forth informationestablishing your inability to pay costs. If you wish to proceed , you must have an authorized officer at the penal institutioncomplete the certificate as to the amount of money and securities on deposit to your credit in any account in the institution.Only judgments entered by one court may be challenged in a single motion. If you seek to challenge judgments entered by different judgesor divisions either in the same district or in a different district, you must file separate motions as to each judgment.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 motionyou file seeking relief from any judgment of conviction.When the motion is fully completed, the original and three (3) copies must be mailed to the Clerk of the United States District Court, whoseaddress is Street, Los Angeles, California 90012. American LegalNet, Inc. www.FormsWorkFlow.com MOTIONPage2of 28 U.S.C 247 2255 1.Name and location of court entered judgment of conviction under attack: 2.Date of judgment of conviction: 3.Length of sentence: Sentencing judge: 4.Nature of offense or offenses for which you were convicted: 5.What was your plea? (check one)GNot guiltyGGuiltyGNolo ContendereIf you entered a guilty plea to one count or indictment, and a not guilty plea to another count or indictment, give details: 6.Kind of trial: (check one)GJuryGJudge only7.Did you testify at the trial?GYesGNo8.Did you appeal from the judgment of conviction?GYesGNo American LegalNet, Inc. www.FormsWorkFlow.com MOTIONPage3of 28 U.S.C 247 2255 9.If you did appeal, answer the following:(a)Name of court (b)Result (c)Date of result GYes 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?GNoIf your answer to question number 10 was 223yes224 give the following information:(1)Name of CourtNature of proceeding (3)Grounds raised GYesDid you receive an evidentiary hearing on your petition, application or motion?GNoResult (6)Date of result (b)(1)Name of Court (2)Nature of proceeding (3)Grounds raised GYesDid you receive an evidentiary hearing on your petition, application or motion?GNoResult (6)Date of result (c)(1)Name of Court (2)Nature of proceeding (3)Grounds raised GYesDid you receive an evidentiary hearing on your petition, application or motion?GNo American LegalNet, Inc. www.FormsWorkFlow.com MOTIONPage4of 28 U.S.C 247 2255 (5)Result (6)Date of result Did you appeal, to an appellate federal court having jurisdiction, the results of action taken on any petition,application or motion?First petition, etc.G YesG NoSecond petition, etc. G YesG No Third petition, etc.G YesG NoIf you did not appeal from the adverse action on any petition, application or motion, explain briefly why you did not: State concisely every ground on which you claim that you are being held unlawfully.CAUTION:If you fail to set forth all grounds in this motion, you may be barred from presenting additional groundsat a later date. For your information, the following is a list of the most frequently raised grounds for relief in thproceeding. Each statement preceded letter constitutes a separate ground for possible relief. You may raiseany groundsyou havelisted. However, you should raise in this motion all availablegrounds (relating to thisconviction) on which you base your allegations that you are being held in custody unlawfully.If you select one or more of the grounds for relief, you must allege facts in support of the grounds . Thepetition will be returned to you if you merely check (a) through (j) or any one of these grounds.Conviction obtained by plea of guilty was unlawfully induced or not made voluntarily or withunderstanding of the nature of the charge and the consequences of the plea.Conviction obtained by use of coerced confession.Conviction obtained by use of evidence gained pursuant to an unconstitutional search and seizure.Conviction obtained by use of evidence obtained pursuant to an unlawful arrest.Conviction obtained by violation of the privilege against self-incrimination.Conviction obtained by the unconstitutional failure of the prosecution to disclose to the defendant evidencefavorable to the defendant.Conviction obtained by a violation of the protection against double jeopardy.Conviction obtained by action of a grand or petit jury which was unconstitutionally selected and impaneled.Denial of effective assistance of counsel.Denial of right of appeal. American LegalNet, Inc. www.FormsWorkFlow.com MOTION Page 5 of 28 U.S.C 247 2255 A.Ground one: 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): D.Ground four: Supporting facts (tell your story briefly without citing cases or law): 13.If any of the grounds listed in 12 A, B, C D were not previously presented, state briefly what grounds were notpresented, and give your reasons for not presenting them: 14.Do you have any petition or appeal now pending in any court as to the judgment under attack?GYesGNo American LegalNet, Inc. www.FormsWorkFlow.com MOTION Page 6 of 28 U.S.C 247 2255 Give the name and address, if known, of each attorney who represented you in the following stages of the judgmentattaced herein:At a preliminary hearing: (b)At arraignment and plea: (c)At trial: (d)At sentencing: (e)On appeal: (f)In any post-conviction proceeding: (g)On appeal from any adverse ruling in a post-conviction proceeding: GYesGYesWere you sentenced on more than one count of an indictment, or on more than one indictment, in the same court atapproximately the same time?GNoDo you have any future sentence to serve after you complete the sentence imposed by the judgment under attack?GNo If so, give the name and location of the court imposed sentence to be served in the future: (b)Give the date and length of sentence to be served in the future: (c)Have you filed, or do you contemplate filing, any petition attacking the judgment which imposed sentence to beserved in the future?GYesGNoWHEREFORE, movant prays that the court grant him all relief to which he may be entitled in this proceeding. Signature of Attorney (if any)I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct.Executed on DateSignature of Movant American LegalNet, Inc. www.FormsWorkFlow.com M

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