Charles Neuman v. United States
HabeasCorpus
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 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?