No. 21-5101

Giuseppe Viola, aka Joseph John Viola v. David Shinn, Director, Arizona Department of Corrections, Rehabilitation and Reentry, et al.

Lower Court: Ninth Circuit
Docketed: 2021-07-14
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: cares-act conditions-of-confinement criminal-law eighth-amendment federal-jurisdiction habeas-corpus restitution section-2241 supervised-release
Latest Conference: 2021-12-03 (distributed 2 times)
Question Presented (from Petition)

1) Whether jurisdiction exists for presentation of grounds for relief from all custody under § 2241, challenging conditions of confinement, where concurrent and consecutive sentences had been imposed by courts of both a state and the Government, but where the federal physical custody has terminated, leaving only its separate term of supervised release and restitution to begin upon state release.

2) Whether the confluence of the applicable statutes arrayed under the CARES Act, including 18 USC § 3624(c)(2) and 34 USC § 60541, as applied to those eligible inmates defined thereunder, provide as well for a challenge to "the fact. ..of confinement " itself, as a violation of Amendment VIII, thereby permitting presentations of actual innocence, as fully contemplated pursuant to 28 USC § 2241.

3) Whether this Court may issue the Writ directly in the full exercise of its plenary authority, provided through 28 USC §§ 1651 and 2241, in the exigent interests of justice.

Question Presented (AI Summary)

Whether jurisdiction exists for presentation of grounds for relief from all custody under § 2241, challenging conditions of confinement

Docket Entries

2021-12-06
Rehearing DENIED.
2021-11-09
DISTRIBUTED for Conference of 12/3/2021.
2021-10-29
Petition for Rehearing filed.
2021-10-04
Petition DENIED.
2021-08-05
DISTRIBUTED for Conference of 9/27/2021.
2021-07-27
Waiver of right of respondent Shinn, Dir., AZ DOC, et al. to respond filed.
2021-07-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 13, 2021)

Attorneys

Giuseppe Viola
Giuseppe Viola — Petitioner
Shinn, Dir., AZ DOC, et al.
Jeffrey Lee SparksArizona Attorney General, Respondent