No. 19-401

Lamont Dejuan Higgs v. Warden Wilson

Lower Court: Fifth Circuit
Docketed: 2019-09-25
Status: Denied
Type: Paid
Tags: 28-usc-2241 28-usc-2255 appeal appellate-review federal-procedure habeas-corpus saving-clause sentencing sentencing-relief statutory-interpretation
Key Terms:
HabeasCorpus Securities
Latest Conference: 2020-01-17
Question Presented (AI Summary)

Whether the saving clause of 28 U.S.C. § 2255(e) allows defendants to seek relief under 28 U.S.C. § 2241 on the grounds that a subsequent statutory interpretation decision, previously unavailable on direct appeal, renders their sentence unlawful

Question Presented (OCR Extract)

QUESTION PRESENTED Whether the saving clause of 28 U.S.C. § 2255(e) allows defendants to seek relief under 28 U.S.C. § 2241 on the grounds that a subsequent statutory interpretation decision, previously unavailable on direct appeal, renders their sentence unlawful. ii RULE 14.1(b)Gii) STATEMENT e Lamont DeJuan Higgs v. United States, Nos. 3:16CV-1759-M, 3:138-CR-0461-M (1), United States District Court for the Northern District of Texas. Judgment entered November 30, 2017. e Lamont DeJuan Higgs v. Wilson, No. 3:18-CV2537-M, United States District Court for the Northern District of Texas. Judgment entered November 26, 2018. e Lamont DeJuan Higgs v. Wilson, No. 18-11581, United States Court of Appeals for the Fifth Circuit. Judgment entered June 20, 2019. There are no additional proceedings in any court that are directly related to this case.

Docket Entries

2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-23
Reply of petitioner Lamont Dejuan Higgs filed.
2019-12-18
Brief of respondent Warden Wilson in opposition filed.
2019-11-18
Motion to extend the time to file a response from November 25, 2019 to December 18, 2019, submitted to The Clerk.
2019-11-18
Motion to extend the time to file a response is granted and the time is further extended to and including December 18, 2019.
2019-10-17
Motion to extend the time to file a response is granted and the time is extended to and including November 25, 2019.
2019-10-16
Motion to extend the time to file a response from October 25, 2019 to November 25, 2019, submitted to The Clerk.
2019-09-18
Petition for a writ of certiorari filed. (Response due October 25, 2019)

Attorneys

Lamont Dejuan Higgs
Lochlan Francis ShelferGibson, Dunn & Crutcher LLP, Petitioner
Warden Wilson
Noel J. FranciscoSolicitor General, Respondent