Rules Governing Section 2255 Proceedings for the U.S. District Courts
Rule: 1
Jurisdiction: US
Bluebook Citation: § 2255 R. 1
These rules govern a motion filed in a United States district court under 28 U.S.C. § 2255 by: (a) a person in custody under a judgment of that court who seeks a determination that: (1) the judgment violates the Constitution or laws of the United States; (2) the court lacked jurisdiction to enter the judgment; (3) the sentence exceeded the maximum allowed by law; or (4) the judgment or sentence is otherwise subject to col- lateral review; and (b) a person in custody under a judgment of a state court or another federal court, and subject to future custody under a judg- ment of the district court, who seeks a determination that: (1) future custody under a judgment of the district court would violate the Constitution or laws of the United States; (2) the district court lacked jurisdiction to enter the judg- ment; (3) the district court's sentence exceeded the maximum allowed by law; or (4) the district court's judgment or sentence is otherwise subject to collateral review.
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