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Motion to Vacate Set Aside or Correct a Sentence By a Person in Federal Custody Motion Under 28 USC 2255 - almd uscourts-2025

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The document is a form for individuals in federal custody to file a motion under 28 U.S.C. § 2255, seeking to vacate, set aside, or correct their sentence. It provides detailed instructions on how to complete the form, including requirements for truthfulness, filing procedures, and necessary information about the conviction and any previous appeals or motions. The form also outlines the grounds for relief that can be claimed and emphasizes the importance of including all relevant facts and legal arguments.

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Click ‘Get Form’ to open it in the editor.
Begin by entering your personal information, including your name, prisoner number, and place of confinement. Ensure all details are accurate.
In the motion section, specify the court that issued your conviction and provide the relevant docket number if available.
Detail the nature of your crime and your plea. If applicable, indicate whether you went to trial and if you testified.
Address each ground for relief clearly. For each claim, state supporting facts without citing law. You can attach additional pages if necessary.
Review your completed form for accuracy and clarity. Once satisfied, send the original and two copies to the Clerk of the United States District Court.

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Versions	Form popularity	Fillable & printable
2007	4.8 Satisfied (83 Votes)
2004	4.8 Satisfied (39 Votes)
1995	4 Satisfied (50 Votes)

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What does a motion to vacate a sentence mean?

A motion to vacate judgment is a written request for the court to overturn a criminal conviction. It is filed in California based on state law found at Penal Code 1473.7 PC. This law allows people that are no longer in custody to file a motion to vacate a judgment in a criminal case.

What is a section 2255 motion?

A motion to vacate offers a method of challenging convictions and/or sentences for those no longer in custody. Prior to the 2017 law, convictions could only be challenged while an individual was in custodyeither in jail, in prison, or on probation.

What is a motion to vacate set aside or correct a sentence by a person in federal custody?

The basic scope of this postconviction remedy is prescribed by 28 U.S.C. 2255. Under these rules the person seeking relief from federal custody files a motion to vacate, set aside, or correct sentence, rather than a petition for habeas corpus.

What is a 2255 motion to vacate sentence?

PROCEDURES FOR A FEDERAL PRISONER FOR FILING A MOTION SIMILAR TO HABEAS CORPUS TO CHALLENGE THE LEGALITY OF HIS IMPRISONMENT. INSTEAD OF USING A WRIT OF HABEAS CORPUS, A PRISONER SENTENCED BY A FEDERAL COURT MUST CHALLENGE HIS IMPRISONMENT WITH A 2255 MOTION, A MOTION TO VACATE SENTENCE.

What does it mean to vacate and set aside?

A set aside in simple terms means that a court vacates or voids a prior order, as if the order never existed. Before a court will set aside a judgment or order, there must be a clear statutory basis for the set aside, and facts that warrant the order vacated.