No. 21-917

Abel Diaz v. Warden, Federal Correctional Institution, Bennettsville

Lower Court: Fourth Circuit
Docketed: 2021-12-21
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: drug-offense drug-offenses habeas-corpus jurisdiction jury-trial savings-clause sentencing statutory-interpretation statutory-maximum
Key Terms:
DueProcess FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2022-02-18
Question Presented (AI Summary)

Whether the district court had jurisdiction under the savings clause of 28 U.S.C. § 2255(e) to adjudicate the merits of petitioner Diaz's § 2241 petition

Question Presented (from Petition)

QUESTION PRESENTED WHETHER THE DISTRICT COURT HAD JURISDICTION UNDER THE SAVINGS CLAUSE OF 28 U.S.C. § 2255(e) TO ADJUDICATE THE MERITS OF PETITIONER DIAZ’S § 2241 PETITION WHERE DIAZ’S SENTENCE EXCEEDED THE STATUTORY MAXIMUM FOR HIS DRUG OFFENSE WITHOUT A JURY FINDING OF THE DRUG QUANTITY.

Docket Entries

2022-02-22
Petition DENIED.
2022-01-12
DISTRIBUTED for Conference of 2/18/2022.
2022-01-04
Waiver of right of respondent Federal Correctional Institution, Bennettsville to respond filed.
Main Document
2021-12-17
Petition for a writ of certiorari filed. (Response due January 20, 2022)
PetitionAppendixCertificate of Word CountProof of Service

Attorneys

Abel Diaz
William Mallory Kent — Kent & McFarland, Petitioner
William Mallory Kent — Kent & McFarland, Petitioner
Federal Correctional Institution, Bennettsville
Elizabeth B. Prelogar — Solicitor General, Respondent
Elizabeth B. Prelogar — Solicitor General, Respondent