What is the legal test for a motion to vacate, set aside or correct a sentence?
MultiRegion, United States of America
The following excerpt is from United States v. Upshaw, 1:14-cr-00256-LJO-SKO (E.D. Cal. 2019):
A federal prisoner making a collateral attack against the validity of his or her conviction or sentence must do so by way of a motion to vacate, set aside or correct the sentence pursuant to 28 U.S.C. 2255, filed in the court which imposed sentence. Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir. 1988). Section 2255 provides four grounds upon which a sentencing court may grant relief to a petitioning in-custody defendant:
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