Question Presented (AI Summary)
Whether a prisoner whose Section 2255 motion challenging the applicability of a statutory minimum was denied based on circuit precedent may later seek habeas relief on the ground that the circuit's interpretation of the relevant statutes has changed
Question Presented (OCR Extract)
QUESTION PRESENTED Under 28 U.S.C. 2255, a federal prisoner has the opportunity to collaterally attack his sentence once on any ground cognizable on collateral review, with “second or successive” attacks limited to certain claims that indicate factual innocence or that rely on constitutional-law decisions made retroactive by this Court. 28 U.S.C. 2255(h). Under 28 U.S.C. 2255(e), an “application for a writ of habeas corpus [under 28 U.S.C. 2241] in behalf of a prisoner who is authorized to apply for relief by motion pursuant to” Section 2255 “shall not be entertained * * * unless it *** appears that the remedy by motion is inadequate or ineffective to test the legality of his detention.” The question presented is whether a prisoner whose Section 2255 motion challenging the applicability of a statutory minimum was denied based on circuit precedent may later seek habeas relief on the ground that the circuit’s interpretation of the relevant statutes has changed. (I)
2019-03-18
Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
2019-03-11
DISTRIBUTED for Conference of 3/15/2019.
2019-03-01
Letter of March 1, 2019 from counsel for respondent received. (Distributed)
2019-02-28
Letter of February 28, 2019 from the Solicitor General received. (Distributed)
2019-02-25
DISTRIBUTED for Conference of 3/1/2019.
2019-02-19
DISTRIBUTED for Conference of 2/22/2019.
2019-01-30
Reply of petitioner United States of America filed. (Distributed)
2019-01-30
DISTRIBUTED for Conference of 2/15/2019.
2019-01-14
Brief of respondent Gerald Adrian Wheeler in opposition filed.
2019-01-14
Motion for leave to proceed in forma pauperis filed by respondent Gerald Adrian Wheeler.
2018-11-27
Motion to extend the time to file a response is granted and the time is extended to and including January 14, 2019.
2018-11-20
Motion to extend the time to file a response from December 13, 2018 to January 14, 2019, submitted to The Clerk.
2018-11-13
Response Requested. (Due December 13, 2018)
2018-11-07
DISTRIBUTED for Conference of 11/30/2018.
2018-11-05
Waiver of right of respondent Gerald Adrian Wheeler to respond filed.
2018-10-03
Petition for a writ of certiorari filed. (Response due November 5, 2018)
2018-08-29
Application (18A224) to extend the time to file a petition for a writ of certiorari from September 9, 2018 to October 9, 2018, submitted to The Chief Justice.
2018-08-29
Application (18A224) granted by The Chief Justice extending the time to file until October 9, 2018.