Nicholas DeAngelis v. Bruce Plumley, Warden
DueProcess HabeasCorpus Punishment
whether-federal-prisoners-have-the-same-gateway-for-actual-innocence-as-state-prisoners
QUESTION(S) PRESENTED : ; #1. The criteria in 28 U.S.C.S. §2244(d)(1) is identical to 28 U.S.C.S. . §2255(£). The former per this courts holding in MéQuiggin v. Perkins, 569 U.S. 383, 133 S.Ct. 1924; 185 L.Ed.2d 1019 (2013),. gives State Prisoners Federal Habeas relief under "actual innocence" by providing a gateway to overcome procedual bar(s) or expirations limits. Is . it a denial of due process for Federal Prisoners not. to be afforded ; the same gateway for "actual innocence"! under §2255(£) to overcome the same procedual bar(s) and expiration limits for Federal habeas relief? , ; #2. Does a Circuit Court. of Appeals inflict. cruel and unusual punishment. in ; violation of the Eighth Amendment by denying a 28 U.S.C.S. §2241 ; Appeal of "actual innocence" based upon nonexistent. offenses due toa . SCOTUS decision that was retroactive to appellee which made his . 240 month sentence illegal? . Ay