No. 21-316

Lorenzo Williams v. Steve Kallis, Warden

Lower Court: Seventh Circuit
Docketed: 2021-08-31
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-2241 28-usc-2255 circuit-conflict circuit-split federal-habeas habeas-corpus mathis-decision mathis-v-united-states section-2241 section-2255 statutory-interpretation
Key Terms:
HabeasCorpus
Latest Conference: 2021-10-08
Question Presented (AI Summary)

What type of change in the law allows a person to file a § 2241 petition?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW This Petition seeks to resolve a circuit conflict. Persons convicted of a federal offense can file a petition to challenge their convictions pursuant to 28 U.S.C. § 2241, but only if relief under 28 U.S.C. § 2255 is “inadequate or ineffective.” Mr. Williams alleged in his § 2241 petition that this Court’s decision in Mathis v. United States, 136 S.Ct. 22438 (2016), was a change in the law that was not available to him when he had a right to file a § 2255 motion. Various circuit courts have held that a change in the law after the time to file a § 2255 motion makes that remedy “inadequate and ineffective.” But the courts have not agreed on whether that change in the law must be an act of Congress, a decision from this Court, or a decision of a circuit court. The questions for review here are: 1. What type of change in the law allows a person to file a § 2241 petition? Does it have to be an act of Congress, a court decision declaring a new rule of constitutional law, or a court decision establishing a new rule of statutory construction? 2. Was the decision in Mathis a change in the law regarding whether a prior state robbery conviction is a crime of violence? ii RELATED CASES The Order of the United States Court of Appeals for the Seventh Circuit, filed June 1, 2021, denying Petitioner’s Motion for Rehearing. The Order of the United States Court of Appeals for the Seventh Circuit, filed March 26, 2021, affirming the decision of the district court. The Order of the United States District Court for the Central District of Illinois, filed August 19, 2019, denying the Petitioner’s Motion for Reconsideration. The Order of the United States District Court for the Central District of Illinois, filed June 24, 2019, denying the Petitioner’s Petition Pursuant to 28 U.S.C. § 2241.

Docket Entries

2021-10-12
Petition DENIED.
2021-09-22
DISTRIBUTED for Conference of 10/8/2021.
2021-09-14
Waiver of right of respondent Steve Kallis, Warden to respond filed.
2021-08-27
Petition for a writ of certiorari filed. (Response due September 30, 2021)

Attorneys

Lorenzo Williams
Wallace L. Taylor — Petitioner
Steve Kallis, Warden
Brian H. FletcherActing Solicitor General, Respondent