No. 20-8120

Gary Lee Willingham v. United States

Lower Court: Fifth Circuit
Docketed: 2021-05-25
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-usc-2255 acca-enhancement certificate-of-appealability district-court habeas-corpus jurisdiction merits-review post-conviction section-2255 standard-of-review summary-reversal
Key Terms:
HabeasCorpus
Latest Conference: 2021-06-17
Question Presented (AI Summary)

Whether Mr. Willingham waived his argument that the district court had jurisdiction to adjudicate the merits of his § 2255(h) motion

Question Presented (OCR Extract)

QUESTION PRESENTED After obtaining the prefiling authorization required by 28 U.S.C. § 2255(h)(2), Mr. Willingham moved to vacate his ACCAenhanced sentence. The Government moved to dismiss the case for lack of jurisdiction, but Mr. Willingham successfully opposed dismissal arguing that the court could and should reach the merits. Years later, after the case was assigned to a different district judge, the court reversed itself and held that it lacked jurisdiction to adjudicate the merits. Did Mr. Willingham waive his argument that the district court had jurisdiction to adjudicate the merits of his motion? i

Docket Entries

2021-06-21
Petition DENIED.
2021-06-02
DISTRIBUTED for Conference of 6/17/2021.
2021-05-27
Waiver of right of respondent United States to respond filed.
2021-05-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 24, 2021)

Attorneys

Gary Lee Willingham
James Matthew WrightOffice of the Federal Public Defender, Petitioner
James Matthew WrightOffice of the Federal Public Defender, Petitioner
United States
Elizabeth B. PrelogarActing Solicitor General, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent