No. 18-6146

Charles Neuman v. United States

Lower Court: Sixth Circuit
Docketed: 2018-10-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 actual-innocence armed-career-criminal armed-career-criminal-act circuit-split federal-custody habeas-corpus mathis savings-clause section-2255
Key Terms:
HabeasCorpus
Latest Conference: 2018-10-26
Question Presented (AI Summary)

Whether a claim of actual innocence of Armed Career Criminal status, based on this Court's decision in Mathis is cognizable under the savings clause

Question Presented (OCR Extract)

QUESTION PRESENTED IL A person in federal custody may ordinarily challenge the legality of his conviction or sentence only by filing a motion to vacate or set aside his sentence under 28 U.S.C. §2255. Under the saving clause in 28 U.S.C. §2255(e), however, such a person may file an application for habeas corpus under 28 U.S.C. 2241 when it “appears” that a Section 2255 motion is “inadequate or ineffective to test the legality of his detention.” The question presented is as follows: Whether a claim of actual innocence of Armed . : Career Criminal status, based on this Court’s . decision in Mathis is cognizable under the savings clause, as the Seventh Circuit has recognized or foreclosed as the Sixth Circuit held in this case?

Docket Entries

2018-10-29
Petition DENIED.
2018-10-11
DISTRIBUTED for Conference of 10/26/2018.
2018-10-09
Waiver of right of respondent United States to respond filed.
2018-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 31, 2018)

Attorneys

Charles Neuman
Charles Neuman — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent