A prisoner in custody under sentence of a court established by Act of Congress claiming the right to be released upon the ground that the sentence was imposed in violation of the Constitution or laws of …

Feb 10, 2025 · What Is a 2255 Charge and How Does It Affect Federal Convictions? Explore how a 2255 charge can impact federal convictions, including eligibility, filing process, and potential court …

Unlike a direct appeal which challenges errors on the trial record, a § 2255 motion is a form of habeas corpus or collateral attack that can introduce new evidence and attack the conviction or sentence on …

Sep 1, 2017 · Home Forms & Rules Forms Motion to Vacate/Set Aside Sentence (Motion Under 28 U.S.C. § 2255)

Federal custody; remedies on motion attacking sentence.

One of this country's pre-eminent criminal defense lawyers. The motion to vacate, set aside or correct a sentence provided by 28 U.S.C. § 2255 is a modern descendant of the common law petition for a writ …

A 2255 motion is a legal petition filed by a federal prisoner to challenge the legality of their detention, based on claims such as constitutional violations, ineffective assistance of counsel, or new evidence.

It provides an expeditious remedy for correcting erroneous sentences without resort to habeas corpus. It has the approval of the Judicial Conference of the United States. Its principal provisions are …

Jul 25, 2025 · A 2255 motion is a type of federal habeas corpus petition. Technically, this legal tool acts as a motion to vacate, set aside, or correct a sentence filed in the same federal court where the …

The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) as contained in 28 U.S.C. § 2255, paragraph 6, provides in part that: A one-year period of limitation shall apply to a motion under this …