No. 21-763

John Forrest Ham, Jr. v. M. Breckon, Warden

Lower Court: Fourth Circuit
Docketed: 2021-11-23
Status: Denied
Type: Paid
Amici (1)Relisted (4) Experienced Counsel
Tags: 28-usc-2241 28-usc-2255 circuit-precedent federal-prisoner habeas-corpus retroactivity section-2241 section-2255 sentence-review sentencing
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2023-06-29 (distributed 4 times)
Question Presented (AI Summary)

Whether a district court has jurisdiction under section 2241 to review a claim that a federal prisoner's sentence is invalid in light of an intervening and retroactively applicable decision of this Court, where circuit precedent foreclosed the claim at the time of the prisoner's prior section 2255 motion

Question Presented (OCR Extract)

QUESTION PRESENTED A person in federal custody ordinarily may collaterally challenge the legality of his detention only once, by filing a motion to vacate or set aside his conviction or sentence under 28 U.S.C. § 2255. Under section 2255(e)’s saving clause, however, such a person may file an application for habeas corpus under 28 U.S.C. § 2241 when it “appears” that a section 2255 motion is “inadequate or ineffective to test the legality of his detention.” The question presented is: Whether a district court has jurisdiction under section 2241 to review a claim that a federal prisoner’s sentence is invalid in light of an intervening and retroactively applicable decision of this Court, where circuit precedent foreclosed the claim at the time of the prisoner’s prior section 2255 motion. @)

Docket Entries

2023-06-30
Petition DENIED.
2023-06-29
DISTRIBUTED for Conference of 6/29/2023.
2022-05-09
DISTRIBUTED for Conference of 5/12/2022.
2022-04-13
DISTRIBUTED for Conference of 4/29/2022.
2022-03-28
Rescheduled.
2022-03-16
DISTRIBUTED for Conference of 4/1/2022.
2022-03-16
Reply of petitioner John Forrest Ham, Jr. filed. (Distributed)
2022-02-24
Brief of respondent M. Breckon, Warden in opposition filed.
2022-01-18
Motion to extend the time to file a response is granted and the time is further extended to and including February 24, 2022.
2022-01-14
Motion to extend the time to file a response from January 24, 2022 to February 24, 2022, submitted to The Clerk.
2021-12-23
Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed.
2021-12-17
Motion to extend the time to file a response is granted and the time is extended to and including January 24, 2022.
2021-12-15
Motion to extend the time to file a response from December 23, 2021 to January 24, 2022, submitted to The Clerk.
2021-11-18
Petition for a writ of certiorari filed. (Response due December 23, 2021)

Attorneys

Howard University School of Law Civil Rights Clinic
Rakesh Nageswar KilaruWilkinson Stekloff LLP, Amicus
John Forrest Ham, Jr.
Pratik Arvind ShahAkin Gump Strauss Hauer & Feld, LLP, Petitioner
M. Breckon, Warden
Elizabeth B. PrelogarSolicitor General, Respondent