No. 21-347

Michael Jackson v. Donald Hudson, Warden

Lower Court: Tenth Circuit
Docketed: 2021-09-03
Status: Dismissed
Type: Paid
Experienced Counsel
Tags: circuit-precedent federal-prisoner habeas-corpus mandatory-minimum saving-clause section-2255 statutory-maximum
Key Terms:
HabeasCorpus Punishment
Latest Conference: N/A
Question Presented (AI Summary)

Whether a federal prisoner is entitled to bring a habeas claim under the saving clause of Section 2255(e) to challenge the unlawful application of a mandatory minimum sentence, and imposition of a sentence that exceeded the proper statutory maximum, when his challenge was previously precluded by binding circuit precedent that has since been overruled

Question Presented (OCR Extract)

QUESTION PRESENTED A person in federal custody may challenge the legality of his detention by filing a post-conviction motion under 28 U.S.C. § 2255. Second or successive motions under that statute are typically prohibited. However, Section 2255(e) includes a saving clause that allows a prisoner to petition for a writ of habeas corpus under 28 U.S.C. § 2241 if the Section 2255 remedy is “inadequate or ineffective to test the legality of his detention.” The question presented is: Whether a federal prisoner is entitled to bring a habeas claim under the saving clause of Section 2255(e) to challenge the unlawful application of a mandatory minimum sentence, and imposition of a sentence that exceeded the proper statutory maximum, when his challenge was previously precluded by binding circuit precedent that has since been overruled by the circuit sitting en banc on the basis of an intervening decision of this Court.

Docket Entries

2021-11-12
Petition Dismissed - Rule 46.
2021-10-26
Motion to dismiss under Rule 46.2 filed.
2021-10-01
Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2021.
2021-09-30
Motion to extend the time to file a response from October 4, 2021 to November 3, 2021, submitted to The Clerk.
2021-08-31
Petition for a writ of certiorari filed. (Response due October 4, 2021)

Attorneys

Michael Jackson
Kevin K. RussellGoldstein and Russell, P.C., Petitioner
Kevin K. RussellGoldstein and Russell, P.C., Petitioner
Warden, USP-Leavenworth
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent