No. 19-5911

Paul R. Butts v. Eric D. Wilson, Warden

Lower Court: Fifth Circuit
Docketed: 2019-09-11
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 actual-innocence congressional-intent congressional-interpretation federal-prisoner habeas-corpus judicial-review saving-clause statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2019-10-11
Question Presented (AI Summary)

Does the 'saving clause' of 28 U.S.C. §2255 provide an avenue of judicial review for a federal prisoner to claim his actual innocence due to a congressional interpretation of the statute of which he was convicted under prior to Congress' statements of intent?

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW I. Does the "saving clause" of 28 U.S.C. §2255 provide an avenue of judicial review for a federal prisoner to claim his actual innocence due to acongressional" interpretation of the . statute of which he was convicted under prior to Congress’ statements of intent? In other words, does the Court still “consider it the priviledge of habeas corpus entitles the prisoners to a meaningful opportunity to ~ demonstrate that he is being held pursuant to the erroneous application or interpretation of the relevant law c?i" Boumedience v. Bush, 553 U.S. 723, 779 (2008) inter quote omitted). . II. May a federal prisoner rely on a Congressional decision . of statutory interpretation which was previously unavailable ; : , or unknown at the time of or before his initial §2255, to file under the "saving clause"? : 7 . | vi

Docket Entries

2019-10-15
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2019-09-26
DISTRIBUTED for Conference of 10/11/2019.
2019-09-18
Waiver of right of respondent Eric D. Wilson, Warden to respond filed.
2019-09-04
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 11, 2019)

Attorneys

Eric D. Wilson, Warden
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Paul R. Butts
Paul R. Butts — Petitioner
Paul R. Butts — Petitioner