Gary Lee Willingham v. United States
HabeasCorpus
Whether Mr. Willingham waived his argument that the district court had jurisdiction to adjudicate the merits of his § 2255(h) motion
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