Alan Ellis Federal Sentencing Habeas

SF-2255 - Motion to Correct Sentence

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO

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 conviction to be served in the future, the motion should be filed in the federal court which entered the judgment.)

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

2. Date judgment of conviction was entered

3. Case number

4. Length and term of sentence

5. Are you presently serving a sentence imposed for a conviction other than the conviction under attack in this motion? Yes No

6. Name of judge who imposed sentence under attack in this motion

7. Nature of the offense involved (all counts)

8. What was your plea? (check one)

Not guilty Guilty Nolo Contendere

If you entered a guilty plea to one count or indictment, and a not guilty plea to another count or indictment, give details:

10. If you entered a plea of guilty pursuant to a plea bargain, state the terms and conditions of the agreement:

11. Kind of trial: (check one)

Jury Judge only

12. Did you testify at trial (if any)? Yes No

DIRECT APPEAL

13. Did you appeal from the judgment of conviction? Yes No

14. If you did appeal, answer the following:

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 opinion or order):

b) State the issues raised:

15. If you did not appeal, explain briefly why you did not:

POST-CONVICTION PROCEEDINGS

16. Other than a direct appeal from the judgment of conviction and sentence, have you previously filed any petitions, applications or motions with respect to the judgment under attack in this motion in any federal court? Yes No

17. If your answer to question 16 was "Yes," give the following information:

a) FIRST petition, application or motion.

1) Name of court

2) Nature of proceeding

3) Claims raised

4) Did you receive any evidentiary hearing on your petition, application or motion? Yes No

5) Result

6) Date of result

7) Did you appeal the result to the federal appellate court having jurisdiction? Yes No

If 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:

b) As to any SECOND petition, application or motion, give the following information:

c) As to any THIRD petition, application or motion give the following information:

CLAIMS

18. State concisely every claim that you are being held unlawfully. Summarize briefly the facts supporting each claim. If necessary, you may attach extra pages stating additional claims or supporting facts. You should raise in this motion all available claims for relief which relate to the conviction under attack.

CLAIM ONE:

Supporting facts (tell your story briefly without citing legal authority or argument):

CLAIM TWO:

Supporting facts (tell your story briefly without citing legal authority or argument):

CLAIM THREE:

Supporting facts (tell your story briefly without citing legal authority or argument):

CLAIM FOUR:

Supporting facts (tell your story briefly without citing legal authority or argument):

19. If any of the claims listed in 18 were not previously presented, 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 attack? Yes No

If "Yes," state the name of the court, case file number (if known), and the nature of the proceeding:

SUCCESSIVE MOTIONS

21. If you are raising a claim which you have not presented in a prior motion, have you obtained an order from the United States Court of Appeals for the Tenth Circuit authorizing this district court to consider the motion? Yes No

Please attach a copy of the order.

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:

OTHER CONVICTIONS

23. 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? Yes No

24. Do you have any future sentence to serve after you complete the sentence imposed by the judgment under attack? Yes No

(a) If so, give name and location of court which imposed sentence to be served in the future:

(b) And give date and length of sentence to be served in the future

(c) Have you filed, or do you contemplate filing, any application attacking the judgment which imposed the sentence to be served in the future? Yes No

Wherefore, movant prays that the court grant him such relief to which he may be entitled in this proceeding.

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 information contained therein is true and correct. 28 U.S.C. § 1746; 18 U.S.C. § 1621.