§ Rule 1 Scope

Codes > United States Code > Title 28 > Part VI : Chapter 153 > Rules Governing : Rule 1

Rule 1. Scope

    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 collateral 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 judgment 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 judgment;

        (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.