"Motion to Vacate, Set Aside, or Correct the Sentence" - Montana

Motion to Vacate, Set Aside, or Correct the Sentence is a legal document that was released by the United States District Court for the District of Montana - a government authority operating within Montana.

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In the United States District Court
for the District of Montana
Division
UNITED STATES OF AMERICA,
Cause No. CR _________________
Plaintiff/Respondent,
vs.
MOTION TO VACATE, SET ASIDE,
OR CORRECT THE SENTENCE
_______________________________,
(28 U.S.C. § 2255)
Defendant/Movant.
Instructions – Read Carefully
1. Use this form to challenge a conviction or sentence entered in the United States
District Court for the District of Montana. There is no filing fee. You need not
apply to proceed in forma pauperis to file this motion.
2. Your motion must be legibly handwritten or typed. You must tell the truth and
sign the form. If you falsely state a material fact, you may be prosecuted for
perjury and/or your motion may be dismissed. Please answer all the questions.
You do not necessarily have to answer “yes” to all questions in order to proceed.
3. Use additional pages if necessary to state additional claims for relief and/or facts
you rely on to support relief. You do not need to submit a brief or authorities. If
you prepare a brief, it should not add claims for relief; all claims should be found
in the motion.
4. If you challenge more than one judgment, please file a separate motion as to each.
5. The Court may determine your claims based solely on what is in this motion.
You must include in the motion all claims for relief you want the Court to review
and the important facts supporting your claims. If you do not present all claims
in this motion, you may be barred from presenting additional claims later. See
28 U.S.C. §§ 2244(a), (b), 2255(f), (h).
Name
Page 1 of 6
In the United States District Court
for the District of Montana
Division
UNITED STATES OF AMERICA,
Cause No. CR _________________
Plaintiff/Respondent,
vs.
MOTION TO VACATE, SET ASIDE,
OR CORRECT THE SENTENCE
_______________________________,
(28 U.S.C. § 2255)
Defendant/Movant.
Instructions – Read Carefully
1. Use this form to challenge a conviction or sentence entered in the United States
District Court for the District of Montana. There is no filing fee. You need not
apply to proceed in forma pauperis to file this motion.
2. Your motion must be legibly handwritten or typed. You must tell the truth and
sign the form. If you falsely state a material fact, you may be prosecuted for
perjury and/or your motion may be dismissed. Please answer all the questions.
You do not necessarily have to answer “yes” to all questions in order to proceed.
3. Use additional pages if necessary to state additional claims for relief and/or facts
you rely on to support relief. You do not need to submit a brief or authorities. If
you prepare a brief, it should not add claims for relief; all claims should be found
in the motion.
4. If you challenge more than one judgment, please file a separate motion as to each.
5. The Court may determine your claims based solely on what is in this motion.
You must include in the motion all claims for relief you want the Court to review
and the important facts supporting your claims. If you do not present all claims
in this motion, you may be barred from presenting additional claims later. See
28 U.S.C. §§ 2244(a), (b), 2255(f), (h).
Name
Page 1 of 6
6. When you complete your motion, mail the original (no copies required) to the
United States District Court Clerk in the Division where you were convicted:
Billings Division:
Clerk of U.S. District Court, 2601 2nd Ave. North, Suite 1200, Billings,
MT 59101.
Butte Division:
Clerk of U.S. District Court, Mike Mansfield Courthouse, 400 N. Main,
Butte, MT 59701.
Great Falls Division: Clerk of U.S. District Court, Missouri River Courthouse, 125 Central Ave.
West, Great Falls, MT 59404.
Helena Division:
Clerk of U.S. District Court, Paul G. Hatfield Courthouse, 901 Front St.,
Ste. 2100, Helena, MT 59626.
Missoula Division:
Clerk of U.S. District Court, Russell Smith Courthouse, 201 East
Broadway, P.O. Box 8537, Missoula, MT 59807.
M
V
, S
A
,
C
S
OTION TO
ACATE
ET
SIDE
OR
ORRECT THE
ENTENCE
28 U.S.C. § 2255
1. What were you convicted of?
2. Did you appeal?
Yes
No
3. Have you filed in this or another federal court a petition for writ of habeas
corpus relating to the sentence you challenge in this motion?
Yes □
No
(a) If Yes, date filed:
(b) Name of court where petition was filed and case number:
Name
Page 2 of 6
4. Have you filed with the Federal Bureau of Prisons any request or grievance
regarding execution of the sentence you challenge in this motion?
Yes □
No
(a)
If Yes, nature of your request or grievance:
(b)
Claims raised:
(c)
Result:
5. State each ground on which you claim that you are being held in violation of the
Constitution, laws, or treaties of the United States (e.g., Claim One:
Confrontation Clause violation). Then briefly summarize the facts supporting
each claim and answer the questions following:
A. Claim One:
(i) Supporting Facts:
(ii)
Did you raise this claim for relief on direct appeal?
Yes □
No
If Yes, why shouldn’t this Court follow the Court of Appeals’ decision?
Name
Page 3 of 6
B. Claim Two:
(i) Supporting Facts:
(ii)
Did you raise this claim for relief in your direct appeal?
Yes □
No
If Yes, why shouldn’t this Court follow the Court of Appeals’ decision?
C. Claim Three:
(i) Supporting Facts:
(ii)
Did you raise this claim for relief in your direct appeal?
Yes □
No
If Yes, why shouldn’t this Court follow the Court of Appeals’ decision?
Name
Page 4 of 6
D. Claim Four:
(i) Supporting Facts:
(ii)
Did you raise this claim for relief in your direct appeal?
Yes □
No
If Yes, why shouldn’t this Court follow the Court of Appeals’ decision?
Please state any additional claims for relief by attaching pages,
following the format of questions (i) and (ii) as above.
6. Were you charged in more than one case in this Court at the same time?
Yes □
No
7. Do you want the Court to appoint new counsel, not previously involved in this
case, to represent you?
Yes □
No
8. Defendant/Movant asks the Court to grant the following relief:
Name
Page 5 of 6