Miguel Rodriguez v. United States
ERISA HabeasCorpus
Whether the Eleventh Circuit's decision in McCarthan v. Dir. Goodwill Indus. Suncoast-Inc, 851 F.3d 1076 (11th Cir. 2017), is in violation of the United States Constitution Art. I §9, suspending the Great Writ of Habeas Corpus
QUESTION(S) PRESENTED 1. Whether the Eleventh Circuit's decision in McCarthan v. Dir. Goodwill Indus. Suncoast-Inc, 851 F.3d 1076 (11th Cir. 2017), is in violation of the United States Constitution Art. I §9, suspending : ‘the Great Writ of Habeas Corpus ? ; 2. Whether pre-AEDPA authorization to file a § 2255 out of Circuit is warranted based on the prisoners actual innocent claim. Specifically, where the prisoner was sentenced to life without the possibility of parole for uncharged conduct pursuant to § 2A1.1 (First Degree Murder), under "circumstances that constitute first degree murder" all under the preponderance of the evidence ?