William Charles O'Neil v. FCC Coleman, Warden
HabeasCorpus
Is the Eleventh Circuit's interpretation of 28 U.S.C. § 2255(e) correct?
QUESTION(S) PRESENTED : 1. Is the Eleventh Circuit's interpretation of 28 U.S.C. § 2255(e), or the savings clause correct in McCarthan_v. Director of Goodwill Industries Suncoast, Inc., 851 F.3d. 1076, 1100 (llth Cir. 2017)(en banc)(affirming the dismissal of a § 2241 petition for lack of jurisdiction) where it is in conflict with the 3rd .Circuit Appeals and : the 4th Circuit Appeals Court in that new retroactively applicable rules of statutory law may not be brought under § 2241? . 2. Is the Government allowed to substitute simultaneous single occasion qualifying convictions, for convictions that have been overturned by co the U.S. Supreme Court and the Appeals Court where they were never ; brought up at the initial sentencing? : , 3. Does Florida Statute 843.01, Resisting an Officer with a Threat of , Violence qualify under the ACCA where there is a circuit split between _ the Eleventh and Tenth, where no actual touching is necessary for a conviction? _i —_