No. 21-7543

Gerardo Castillo-Chavez v. United States

Lower Court: Fifth Circuit
Docketed: 2022-04-05
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: 28-usc-2244 28-usc-2255 constitutional-ruling district-court habeas-corpus jurisdiction preponderance-of-evidence section-2255 standard-of-proof successive-motion successive-petitions
Key Terms:
HabeasCorpus
Latest Conference: 2022-04-29
Question Presented (AI Summary)

Whether a district court is authorized to dismiss a successive § 2255 motion for lack of jurisdiction after a court of appeals has authorized the filing of the motion

Question Presented (OCR Extract)

QUESTIONS PRESENTED FOR REVIEW 1. Whether a district court is authorized to dismiss a successive § 2255 motion for lack of jurisdiction after a court of appeals has authorized the filing of the motion. 2. Whether, to prevail on a successive § 2255 motion, a defendant must, pursuant to 28 U.S.C. § 2244(b)(4), prove by a preponderance of the evidence that his conviction was in violation of a new, retroactive constitutional ruling or does he meet § 2244(b) standard by a showing that his conviction could have so rested.

Docket Entries

2022-05-02
Petition DENIED.
2022-04-14
DISTRIBUTED for Conference of 4/29/2022.
2022-04-08
Waiver of right of respondent United States to respond filed.
2022-04-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 5, 2022)

Attorneys

Gerardo Castillo-Chavez
Philip J. Lynch — Petitioner
Philip J. Lynch — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent