AO 243 (Rev. 09/17), Motion to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody (Motion Under 28 U.S.C. § 2255) Completed Form Examples and Samples
Find a comprehensive, filled-out example of Form AO 243 (Rev. 09/17), the Motion to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody (Motion Under 28 U.S.C. § 2255). This sample provides a clear, practical guide for completing the form, helping users understand how to properly state their grounds for relief.
AO 243 Example: Motion to Vacate Sentence (Ineffective Assistance of Counsel)
How this form was filled:
This is an example of a completed AO 243 form filed by a federal inmate, John A. Smith, who is moving to vacate his sentence under 28 U.S.C. § 2255. The motion is based on claims of ineffective assistance of counsel and prosecutorial misconduct. The form details the original conviction, sentence, and specific legal grounds for the motion, including failure to file a suppression motion and failure to present mitigating evidence at sentencing.
Information used to fill out the document:
- Petitioner's Name: John A. Smith
- Prisoner Number: 12345-678
- Place of Confinement: FCI Miami, P.O. Box 779800, Miami, FL 33177
- Court of Conviction: United States District Court for the Southern District of Florida
- Case Number: 1:22-CR-12345-CMA
- Date of Judgment of Conviction: 06/15/2023
- Offense(s): Conspiracy to Distribute a Controlled Substance (21 U.S.C. § 846)
- Sentence: 120 months imprisonment, 5 years supervised release, $100 special assessment.
- Direct Appeal: Yes, filed on 06/25/2023. The judgment was affirmed by the U.S. Court of Appeals for the Eleventh Circuit on 03/10/2024 (Case No. 23-9876).
- Ground One: Ineffective Assistance of Counsel - Counsel failed to file a motion to suppress evidence obtained from a warrantless search of my vehicle, in violation of my Fourth Amendment rights.
- Ground Two: Ineffective Assistance of Counsel - Counsel failed to investigate and present significant mitigating evidence at sentencing, such as my history of non-violent offenses and documented substance abuse issues.
- Ground Three: Prosecutorial Misconduct - The government failed to disclose exculpatory evidence (a 'Brady' violation), specifically a statement from a confidential informant indicating another individual was the primary organizer.
- Prior Motions or Petitions: No
- Date: 05/20/2026
- Signature: John A. Smith
What this filled form sample shows:
- Clear identification of the petitioner, court, and original case number.
- Precise statement of the grounds for the motion, focusing on ineffective assistance of counsel.
- Inclusion of key dates for the judgment, appeal, and appellate decision, which are critical for timeliness.
- Concise supporting facts for each legal ground, as required by the form.
- Properly dated and signed by the petitioner, affirming the information under penalty of perjury.
Form specifications and details:
| Form Number: | AO 243 (Rev. 09/17) |
| Form Title: | Motion to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody (Motion Under 28 U.S.C. § 2255) |
| Use Case: | Claim of Ineffective Assistance of Counsel and Prosecutorial Misconduct |
| Filing Party: | Federal Inmate (Pro Se) |
Created: February 05, 2026 09:24 PM
