How to File a Section 2255 Motion in the Southern District of Georgia

## Overview A motion under 28 U.S.C. § 2255 allows federal prisoners to challenge their conviction or sentence on constitutional grounds. This playbook provides a step-by-step guide for filing a § 2255 motion in the Southern District of Georgia. ## Step 1: Determine Eligibility Before filing, confirm that: - The conviction was in a federal court - The one-year statute of limitations has not expired - You have not previously filed a § 2255 motion ## Step 2: Identify Grounds for Relief Common grounds include: - **Ineffective assistance of counsel** (Strickland v. Washington) - **Prosecutorial misconduct** (Brady violations) - **Newly discovered evidence** - **Sentencing errors** (Johnson v. United States for ACCA) - **Changes in law** (retroactive Supreme Court decisions) ## Step 3: Prepare the Motion 1. Use the AO 243 form 2. Include a memorandum of law 3. Attach relevant exhibits 4. File a declaration under penalty of perjury ## Step 4: File with the Clerk - File via CM/ECF if represented - Pro se filers may file by mail - Pay the $5 filing fee or file IFP ## Step 5: Service and Response - Government has 60 days to respond - Court may order evidentiary hearing - Reply brief due 30 days after response