Fill and Sign the Alan Ellis Attorney Alan Ellis Federal Sentencing Habeas Form

Full Name/Prisoner Number Complete Mailing Address IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF NEW MEXICO Criminal Case No. Civil Action No. (To be supplied by the Court) UNITED STATES OF AMERICA, Plaintiff/Respondent, v. 3 (Full Name) Defendant/Movant. MOTION PURSUANT TO 28 U.S.C. § 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY CONVICTION UNDER ATTACK (If movant is attacking a sentence based on a federal con viction to be served in the future, the motion should be filed in the federal court which entere d the judgment.) 1. Name and location of the court which entered the judgment of conviction under attack: 1 SF-2255 - Motion to Correct Sentence 2. Date judgment of conviction was enteredCase number 3. 4. Length and term of sentence Are you presently serving a sentence imposed for a convi ction other than the conviction 5. under attack in this motion? Yes No 6. Name of judge who imposed sentence under attack in this mot ion 7. What was your plea? (check one) 8. Guilty Nolo Contendere Not guilty If you entered a guilty plea to one count or indictment, an d a not guilty plea to another count or indictment, give details: 9. 10. If you entered a plea of guilty pursuant to a plea bargain, st ate the terms and conditions of the agreement: 11. Judge only Jury Kind of trial: (check one) 12. Did you testify at trial (if any)? Yes No 2 Nature of the offense involved (all counts) SF-2255 - Motion to Correct Sentence DIRECT APPEAL Did you appeal from the judgment of conviction? Yes No 13. If you did appeal, answer the following: 14. a) State the name and location of the court where the appeal was filed, the result, the case number and the date of the court's decision (or attach a copy of the court's oppugn or order): b) State the issues raised: If you did not appeal, explain briefly why you did not: 15. POST-CONVICTION PROCEEDINGS Other than a direct appeal from the judgment of convictio n and sentence, have you previously filed any petitions, applications or motions with respect to the judgment under 16. No attack in this motion in any federal court? Yes If your answer to question 16 was "Yes," give the followin g information: 17. FIRST petition, application or motion. a) Name of court 1) Nature of proceeding 2) 3 SF-2255 - Motion to Correct Sentence Claims raised 3) Did you receive any evidentiary hearing on your petition, 4) No application or motion? Yes Result i) Date of result 6) Did you appeal the result to the federal appellate 7) If No court having jurisdiction? Yes you did appeal, give the name of the court where the appeal was filed, the result, the case number, citation and date of the court's decision (or attach a copy of the court's opinion or order): If you did not appeal, explain briefly why not: 8 ) As to any SECOND petition, application or motion, give the following information: b) Name of court 1) Nature of proceeding 2) Claims raised 3) 4) Did you receive any evidentiary hearing on your petition, No application or motion? Yes 4 SF-2255 - Motion to Correct Sentence Result 5) Date of result 6) 7 ) Did you appeal the result to the federal appellate court having jurisdiction? Yes If N o you did appeal, give the name of the court where the appeal was filed, the result, the case number, citation and date of the court's decision (or attach a copy of the court's opinion or order): 8 ) If you did not appeal, explain briefly why not: As to any THIRD petition, application or motion give the following information: c) Name of court 1) 2) Nature of proceeding 3) Claims raised Did you receive any evidentiary hearing on your petition, 4) No application or motion? Yes Result 5) Date of result 6) ;7) Did you appeal the result to the federal appellate court having jurisdiction? Yes If N o you did appeal, give the name of the court where 5 SF-2255 - Motion to Correct Sentence the appeal was filed, the result, the case number,citation and date of the court's decision (or attach a copy of the court's opinion or order): If you did not appeal, explain briefly why not: 8) CLAIMS 18. State concisely every claim that you are being held unl awfully. Summarize briefly the facts supporting each claim. If necessary, you may at tach extra pages stating additional claims or supporting facts. You should raise in t his motion all available claims for relief which relate to the conviction unde r attack. CLAIM ONE: Supporting facts (tell your story briefly without citing le gal authority or argument): 6 SF-2255 - Motion to Correct Sentence CLAIM TWO: Supporting facts (tell your story briefly without citing legal authority or argument): CLAIM THREE: Supporting facts (tell your story briefly without citing le gal authority or argument): 7 SF-2255 - Motion to Correct Sentence CLAIM FOUR: Supporting facts (tell your story briefly without citing le gal authority or argument): 19. If any of the claims listed in 18 were not previously pres ented, state briefly what claims were not so presented, and give your reasons for not presenting them: 20. Do you have any petition, application, motion or appeal now pending in any court, either state or federal, regarding the conviction under a ttack? Yes If "Yes," state the name of the court, case file numbe r (if No known), and the nature of the proceeding: SUCCESSIVE MOTIONS If you are raising a claim which you have not presented i n a prior motion. have you obtained an orde, from the United States Court of Appeals for the Tenth Circuit 21. Please attach a authorizing this district court to consider the motion. Yes No copy of the order. 8 SF-2255 - Motion to Correct Sentence LEGAL REPRESENTATION 22. Give the name and address, if known, of each attorney who represented you in the following stages of the judgment attacked herein: At preliminary hearing (a) (b) At arraignment and plea At trial (c) At sentencing (d) On appeal (e) In any post-conviction proceeding (f) On appeal from any adverse ruling in a post-conviction proc eeding (g) 9 SF-2255 - Motion to Correct Sentence OTHER CONVICTIONS Were you sentenced on more than one count of any indictment or on more than one indictment in the same court and at the same time? 23. No Yes Do you have any future sentence to serve after you compl ete the sentence imposed 24. No by the judgment under attack? Yes If so, give name and location of court which imposed sent ence to be served in the future: (a) And give date and length of sentence to be served in the future (b) Have you filed, or do you contemplate filing, any application attacking the judgment which imposed the sentence to be se rved in (c) No the future? Yes Wherefore, movant prays that the court grant him such r elief to which he may be entitled in this proceeding. Movant's Original Signature Signature of Attorney (if any) (Attorney's full address and telephone number) 10 SF-2255 - Motion to Correct Sentence DECLARATION UNDER PENALTY OF PERJURY The undersigned declares under penalty of perjury that he/she is the movant in the above action, that he/she has read the above pleading and that the inf ormation contained therein is true and correct. 28 U.S.C. § 1746; 18 U.S.C. § 1621. O n Executed at (Date) (Location) Movant's Original Signature 11 SF-2255 - Motion to Correct Sentence