No. 22-7351

Leonard Scaggs v. A. Ciolli, Warden

Lower Court: Ninth Circuit
Docketed: 2023-04-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2241 actual-innocence habeas-corpus jury-instructions rosemond-decision savings-clause section-2241 supreme-court-precedent united-states-v-rosemond
Key Terms:
HabeasCorpus
Latest Conference: 2023-05-18
Question Presented (AI Summary)

Whether this Court's decision in United States v. Rosemond was available to petitioner in a motion filed pursuant to 28 U.S.C. § 2241 under the 'savings clause' or 'escape hatch' where he demonstrated his 'actual innocence' with a jury question that specifically foreshadowed the Rosemond advance knowledge requirement?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Whether this Court’s decision in United States v. Rosemond was available to petitioner in a motion filed pursuant to 28 U.S.C. § 2241 under the “savings clause” or “escape hatch” where he demonstrated his “actual innocence” with a jury question that specifically foreshadowed the Rosemond advance knowledge requirement?

Docket Entries

2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-05-01
Waiver of right of respondent A, Ciolli to respond filed.
2023-04-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 24, 2023)

Attorneys

A, Ciolli
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
Leonard Scaggs
Gail Ivens — Petitioner
Gail Ivens — Petitioner