Post-Conviction · § 2255

How to File a § 2255 Motion to Vacate a Federal Sentence

Writ Large · July 22, 2026

Written by Prisoner Legal Aid

If you're serving a federal sentence and believe your conviction or sentence was unconstitutional, unauthorized by law, or otherwise fundamentally flawed, 28 U.S.C. § 2255 is usually the vehicle for raising that challenge — not a new appeal, and not a state habeas petition. It's the federal post-conviction remedy built specifically for people convicted in federal court.

What § 2255 actually is

A § 2255 motion asks the sentencing court — the same federal district court that convicted and sentenced you — to vacate, set aside, or correct the sentence. It's filed as a motion in your original criminal case, not a new civil lawsuit, and not filed in the court of appeals.

This is different from 28 U.S.C. § 2254, which is the habeas remedy for state prisoners. If you were convicted in federal court, § 2255 — not § 2254 — is almost always your path.

What claims are cognizable

Not every complaint about a conviction belongs in a § 2255 motion. Courts generally recognize claims that the sentence:

• Was imposed in violation of the Constitution or federal law
• Was imposed by a court that lacked jurisdiction
• Exceeded the maximum authorized by law
• Is otherwise subject to collateral attack

In practice, the single most common § 2255 claim is ineffective assistance of counsel — because that claim typically cannot be raised on direct appeal (it usually requires evidence outside the trial record — the case-file checklist shows what the record does and doesn't contain) and is not subject to the same procedural-default rules as other claims.

The procedural trap: issues already litigated, or never raised

Two rules catch a lot of pro se petitioners:

Claims already decided on direct appeal generally cannot be relitigated in a § 2255 motion, absent an intervening change in the law.

Claims that could have been raised on direct appeal, but weren't, are usually barred unless you can show either cause for the default and actual prejudice, or that you're actually innocent. This is called procedural default, and it's one of the most common reasons § 2255 motions get denied without ever reaching the merits.

The one-year clock

Like AEDPA's habeas limitations period, § 2255 motions must generally be filed within one year of the latest of:

1. The date the judgment of conviction became final (the docket shows it — see how to pull his docket on PACER)
2. The date an unlawful government-created impediment to filing was removed
3. The date the Supreme Court initially recognized a new right, if made retroactively applicable
4. The date the facts supporting the claim could have been discovered through due diligence

Miss the window, and the court may never reach the substance of your claim — regardless of how strong it is.

One motion, generally

Federal prisoners generally get one § 2255 motion. A "second or successive" motion requires prior authorization from the court of appeals, and is limited to newly discovered evidence establishing innocence by clear and convincing evidence, or a new, retroactive rule of constitutional law. This makes getting the first motion right — complete, properly supported, and timely — critical.

If you are getting ready to file, the § 2255 filing checklist walks through what goes in the motion and where it goes.

None of this is a substitute for review of your specific record and deadlines. If you're facing a § 2255 deadline or want your motion prepared by people who work in this area daily, call 786-408-5073 or start an intake below.

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