No. 19-6842

Vivek Shah v. Marcus Holmes

Lower Court: Seventh Circuit
Docketed: 2019-12-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2241 28-usc-2255 circuit-court-of-conviction collateral-review extortion factual-innocence habeas-corpus habeas-corpus-petition plea-agreement retroactive-statutory-interpretation section-2255 statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2020-01-10
Question Presented (AI Summary)

Whether a federal prisoner claiming factual innocence as a result of a new, retroactively applicable statutory interpretation by the circuit court of conviction may file a habeas corpus petition pursuant to 28 U.S.C. § 2241 after his first 28 U.S.C. § 2255 motion claiming his innocence was denied as untimely

Question Presented (OCR Extract)

QUESTIONS PRESENTED | Under 28 U.S.C. § 2255, a federal prisoner has the opportunity to collaterally attack his sentence once on any ground cognizable on collateral review, with “second or successive” attacks limited to certain claims that indicate factual innocence or that rely on constitutional-law decisions made retroactive by this Court. 28 U.S.C. 2255(h). Under 28 U.S.C. 2255(e), an “application for a writ of habeas corpus [under 28 U.S.C. 2241] in behalf of a prisoner who is authorized to apply for relief by motion pursuant to” Section 2255 “shall not be entertained * * * unless it * * * appears that the remedy by motion is inadequate or ineffective to test the legality of, his detention.” (1) Whether a federal prisoner claiming factual innocence as a result of a new, retroactively applicable statutory interpretation by the circuit court of conviction may file a habeas corpus petition pursuant to 28 U.S.C. § 2241 after his first 28 U.S.C. § 2255 motion claiming his innocence was denied as untimely. (2) Whether a specific intent to extort money under 18 U.S.C. § 875(b) could be satisfied when the government stipulates it as a fact in the plea agreement that the defendant intended to extort money as well as intended it to be a hoax. (i) INTERESTED PARTIES There are no

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-12
Waiver of right of respondent United States to respond filed.
2019-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2020)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Vivek Shah
Vivek Shah — Petitioner
Vivek Shah — Petitioner