Motion To Vacate, Set Aside, Or Correct A Sentence
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14AO 243
(Rev. 10/07)
Page 1
Motion to Vacate, Set Aside, or Correct a Sentence
By a Person in Federal Custody
(Motion Under 28 U.S.C. § 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 fill out the last
page of this form. 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:
Clerk, United States District Court for ___________________
Clerk, United States District Court for
Address
Address
City, State Zip Code
City, State Zip Code
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.
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