Free MOTION BY A PERSON IN FEDERAL CUSTODY TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. 2255 - Florida


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Author: Northern District of Florida
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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA
MOTION BY A PERSON IN FEDERAL CUSTODY TO VACATE, SET ASIDE, OR CORRECT SENTENCE UNDER 28 U.S.C. 2255

UNITED STATES DISTRICT COURT
Name of Movant/Defendant Place of Confinement (including address)

Division Case No.

Prisoner No.

UNITED STATES OF AMERICA

v.
(name under which convicted)

MOTION 1. Name and location of court which entered the judgment of conviction under attack:

2. Date of judgment of conviction: 3. Length of sentence: 4. Nature of offense involved (all counts):

5. What was your plea? (Check one) (a) Not Guilty G (b) Guilty G (c) Nolo contendere G If you entered a guilty plea to one count or indictment, and not a guilty plea to another count or indictment, give details:

6. If you pleaded not guilty, what kind of trial did you have? (Check one) (a) Jury G (b) Judge only G 7. Did you testify at the trial? Yes G No G

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8. Did you appeal from the judgment of conviction to the Eleventh Circuit Court of Appeal? Yes G No G 9. If you did appeal, answer the following: (a) Result: (b) Date of result and mandate: 10. Did you file a petition for rehearing? Yes G No G 11. If you did file a petition for rehearing, provide the date and result of the petition:

12. Did you file a petition for certiorari review? Yes G No G 13. If you did file a petition for certiorari review, provide the date and result of the petition:

14. Have you previously filed any post-conviction petitions, applications or motions, including previous 2255 motions, with respect to this judgment in any federal court? Yes G No G 15. If your answer to 14 was "yes," give the following information: (a) (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 G No G (5) Result: (6) Date of result:

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(b) If you filed more than one such petition, please include the same information requested in 11(a) on a separate sheet of paper. (c) Did you appeal, to an appellate federal court having jurisdiction, the result of action taken on your petition, application or motion? (1) First petition, etc. Yes G No G (2) Second petition, etc. Yes G No G (d) If you did not appeal from the adverse action of any petition, application or motion, explain briefly why you did not:

16. State concisely every ground on which you claim that you are being held in violation of the constitution, laws or treaties of the United States. Summarize briefly the facts supporting each ground. If necessary, you may attach pages stating additional grounds and facts supporting the 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.

A.

Ground one:

Supporting FACTS (state briefly without citing cases or law):

B.

Ground two:

Supporting FACTS (state briefly without citing cases or law):

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C. Ground three:

Supporting FACTS (state briefly without citing cases or law):

D. Ground four:

Supporting FACTS (state briefly without citing cases or law):

17. As to the grounds listed in 16A, B, C, and D, explain whether any grounds were previously presented, and for those that were not previously presented, state briefly your reasons for not presenting them:

18. Do you have any petition or appeal now pending in any court as to the judgment under attack? Yes G No G 19. Do you have any future sentence to serve after you complete the sentence imposed by the judgment under attack? Yes G No G (a) If so, give name and location of court which imposed sentence to be served in the future:

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(b) Give date and length of the above sentence: (c) Have you filed, or do you contemplate filing, any petition attacking the judgment which imposed the sentence to be served in the future? Yes G No G 20. What relief do you request from this Court?

Wherefore, movant prays that the Court grant the relief to which he or she may be entitled in this proceeding.

Signature of Attorney (if any)

I declare under penalty or perjury that the foregoing is true and correct. Executed on:

(Date)

Signature of Movant/Defendant

IF MAILED BY PRISONER: I declare or state under penalty of perjury that this petition was (check one): G delivered to prison officials for mailing, or G deposited in the prison's internal mail system on: (date).

Signature of Movant/Defendant
Revised 07/02

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