Motion To Vacate Set Aside Or Correct Sentence {Local AO 243}

Page 1 Motion to Vacate, Set Aside, or Correct a Sentence By a Person in Federal Custody (Motion Under 28 U.S.C. 244 2255) Instructions 1. To use this form, you must be a person who is serving a sentence under a judgment against you in a federal court. You are asking for relief from the conviction or the sentence. This form is your motion for relief. 2. You must file the form in the United States district court that entered the judgment that you are challenging. If you want to challenge a federal judgment that imposed a sentence to be served in the future, you should file the motion in the federal court that entered that judgment. 3. Make sure the form is typed or neatly written. 4. You must tell the truth and sign the form. If you make a false statement of a material fact, you may be prosecuted for perjury. 5. Answer all the questions. You do not need to cite law. You may submit additional pages if necessary. If you do not fill out the form properly, you will be asked to submit additional or correct information. If you want to submit a brief or arguments, you must submit them in a separate memorandum. 6. If you cannot pay for the costs of this motion (such as costs for an attorney or transcripts), you may ask to proceed in forma pauperis (as a poor person). To do that, you must complete this court325s Motion to Proceed Without Prepayment of Fees, which can be requested from the Clerk325s Office. Also, you must submit a certificate signed by an officer at the institution where you are confined showing the amount of money that the institution is holding for you. 7. In this motion, you may challenge the judgment entered by only one court. If you want to challenge a judgment entered by a different judge or division (either in the same district or in a different district), you must file a separate motion. 8. When you have completed the form, send the original and two copies to the Clerk of the United States District Court at this address: United States District Court for the Southern District of Alabama Charles R. Diard, Jr., Clerk 113 St. Joseph Street, Mobile, Alabama, 36602 9. CAUTION: You must include in this motion all the grounds for relief from the conviction or sentence that you challenge. And you must state the facts that support each ground. If you fail to set forth all the grounds in this motion, you may be barred from presenting additional grounds at a later date. 10. CAPITAL CASES: If you are under a sentence of death, you are entitled to the assistance of counsel and should request the appointment of counsel. American LegalNet, Inc. www.FormsWorkFlow.com AO 243 (Rev. 10/07) Page 2 MOTION UNDER 28 U.S.C. 244 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY United States District Court for the Southern District of Alabama Name (under which you were convicted): Docket or Case No.: Place of Confinement: Prisoner No.: Movant ( include name under which convicted) V. UNITED STATES OF AMERICA MOTION 1. (a) Name and location of court wh ich entered the judgment of conviction you are challenging: (b) Criminal docket or case number (if you know): 2. (a) Date of the judgment of conviction (if y ou know): (b) Date of sentencing: 3. Length of sentence: 4. Nature of crime (all counts): 5. (a) What was your plea? (Check one) (1) Not guilty (2) Guilty (3) Nolo contendere (no contest) (b) If you entered a guilty plea t o one count or indictment, and a not guilty plea to another count or 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) Jury Judge only American LegalNet, Inc. www.FormsWorkFlow.com AO 243 (Rev. 10/07) Page 3 7. Did you testify at a pretrial hearing, trial, or post - trial hearing? Yes No 8. D id you appeal from the judgment of conviction? Yes No 9. If you did appeal, answer the following: (a) Name of court: (b) Docket or case number (if you know): (c) Result: (d) Date of result (if you know): (e) Citation to the case (if you know): (f) Grounds raised: (g) Did you file a petition for certiorari in the United States Supreme Court? Yes No If 322Yes,323 answer the following: (1) Docket or case number (if you know): (2) Result: (3) Date of result (if you know): (4) Citation to the case (if you know): (5) Grounds raised: 10. Other than the direct appeals listed above, ha ve you previously filed any other motions, petitions, or applications, concerning this judgment of conviction in any court? Yes No 11. If your answer to Question 10 was 322Yes,323 give the following information: ( a) (1) Name of court: (2) Docket or case number (if you know): (3) Date of filing (if you know): American LegalNet, Inc. www.FormsWorkFlow.com AO 243 (Rev. 10/07) Page 4 (4) Nature of the proceeding: (5) Grounds raised: (6) Did you receive a hearing where evidence was given on your motion, petition, or application? Yes No (7) Result: (8) Date of result (if you know): (b) If you filed any second motion, petition, or application, give the same information: (1) Name of court: (2) Docket of case numb er (if you know): (3) Date of filing (if you know): (4) Nature of the proceeding: (5) Grounds raised: (6) Did you receive a hearing where evidence was given on your motion, petition, or application? Yes No (7) Result: (8) Date of result (if you know): (c) Did you appeal to a federal appellate court having jurisdiction over the action taken on your motion, petition, or application? (1) First petition: Yes No (2) Second petition: Yes No American LegalNet, Inc. www.FormsWorkFlow.com AO 243 (Rev. 10/07) Page 5 (d) If you did not appeal from the action on any motion, petition, or application, explain briefly why you did not: 12. For this motion, state every ground on which you claim that you are being held in violation of the Constitution, laws, or treaties of the United States. Attach additional pages if you have more than four grounds. State the facts suppor ting each ground. GROUND ONE: (a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): (b) Direct Appeal of Ground One: (1) If you appealed from the judgment of conviction , did you raise this issue? Yes No (2) If you did not raise this issue in your direct appeal, explain why: (c) Post - Conviction Proceedings: (1) Di d you raise this issue in any post - conviction motion, petition, or application? Yes No (2) If you answer to Question (c)(1) is 322Yes,323 state: Type of motion or petition: Name and location of the court where the motion or petition was filed: American LegalNet, Inc. www.FormsWorkFlow.com AO 243 (Rev. 10/07) Page 6 Docket or case number (if you know): Date of the court325s decision: Result (attach a copy of the court325s opinion or ord er, if available): (3) Did you receive a hearing on your motion, petition, or application? Yes No (4) Did you appeal from the denial of your motion, petition, or application? Yes No (5) If your answer to Question (c)(4) is 322Yes,323 did you raise the issue in the appeal? Yes No (6) If your answer to Question (c)(4) is 322Ye s,323 state: Name and location of the court where the appeal was filed: Docket or case number (if you know): Date of the court325s decision: Result (attach a copy of the court325s opinion or order, if available): (7) If your answer to Question (c)(4) or Question (c)(5) is 322No,323 explain why you did not appeal or raise this issue: GRO UND TWO: (a) Supporting facts (Do not argue or cite law. Just state the specific facts that support your claim.): American LegalNet, Inc. www.FormsWorkFlow.com AO 243 (Rev. 10/07) Page 7 (b) Direct Appeal of Ground Two: (1) If you appealed from the judgment of conviction, did you raise this issue? Yes No (2) If y ou did not raise this issue in your direct appeal, explain why: (c) Post - Conviction Proceedings: (1) Did you raise this issue in any post - conviction motion, petition, or application? Yes No (2) If you answer to Question (c)(1) is 322Yes,323 state: Type of motion or petition: Name and location of the court where the motion or petition was filed: Docket or case number (if you know): Date of the court325s decision: Result (attach a copy of the