Frances Tazbaz v. Julia Rios et al. Complaint

28 U.S.C. § 2255 Motion to Vacate, Set Aside, or Correct Sentence

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA

MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY

Name:

Prison Identification/Booking No.:

Address or Place of Confinement:

Attorney (if represented):

Case Number:

Instructions

This motion must be legibly handwritten or typewritten and signed by the movant under penalty of perjury. Additional pages are not permitted. No citation or authorities need be furnished.

When the motion is fully completed, the original and three copies must be mailed to the Clerk of the United States District Court.

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

2. Date of judgment of conviction:

3. Length of sentence:

4. Nature of offense or offenses for which you were convicted:

5. What was your plea? (check one)

Not guilty

Guilty

Nolo Contendere

If you entered mixed pleas, give details:

6. Kind of trial: (check one)

Jury

Judge only

7. Did you testify at the trial?

Yes

No

8. Did you appeal from the judgment of conviction?

Yes

No

9. If you did appeal, answer the following:

(a) Name of court:

(b) Result:

(c) Date of result:

10. Other than a direct appeal, have you previously filed any petitions, applications or motions with respect to this judgment in any federal court?

Yes

No

11. If yes, give the following information:

(a) Name of Court:

Nature of proceeding:

Grounds raised:

Evidentiary hearing? Yes No

Result:

Date of result:

12. State concisely every ground on which you claim that you are being held unlawfully.

A. Ground one:

B. Ground two:

C. Ground three:

D. Ground four:

13. If any grounds were not previously presented, state briefly what grounds were not presented and your reasons:

14. Do you have any petition or appeal now pending in any court as to the judgment under attack?

Yes

No

15. Give the name and address, if known, of each attorney who represented you:

(a) Preliminary hearing:

(b) Arraignment and plea:

(c) Trial:

(d) Sentencing:

(e) Appeal:

(f) Post-conviction proceeding:

(g) Appeal from adverse ruling:

16. Were you sentenced on more than one count of an indictment, or on more than one indictment, in the same court at approximately the same time?

Yes

No

17. Do you have any future sentence to serve after you complete the sentence imposed by the judgment under attack?

Yes

No

(a) Court imposing future sentence:

(b) Date and length of future sentence:

(c) Have you filed or do you contemplate filing a petition attacking that judgment?

Yes

No

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