No. 22-738

Robert A. Mangine v. Shannon D. Withers, Warden

Lower Court: Seventh Circuit
Docketed: 2023-02-07
Status: Denied
Type: Paid
Relisted (2)
Tags: 18-usc-3582 career-offender circuit-split habeas-corpus miscarriage-of-justice savings-clause sentence-reduction sentencing-error sentencing-errors statutory-rights
Key Terms:
AdministrativeLaw HabeasCorpus
Latest Conference: 2023-06-29 (distributed 2 times)
Question Presented (AI Summary)

Whether and under what circumstances relief is available under § 2255(e) for federal prisoners challenging errors in their sentences

Question Presented (OCR Extract)

QUESTIONS PRESENTED Petitioner in this case, Mr. Robert Mangine, is wrongfully classified as a career offender. His misclassification did not become apparent until after this Court’s decision in Mathis v. United States, 136 S. Ct. 2243 (2016), by which time Mr. Mangine had already filed his first motion under 28 U.S.C. § 2255. Because he was barred from filing a second or successive § 2255 motion, Mr. Mangine filed a habeas petition pursuant to the “savings clause” of § 2255(e). Mr. Mangine asserted that his erroneous careeroffender status deprives him of the right to seek a sentence reduction pursuant to 18 U.S.C. § 3582(c)(2) based on a retroactive amendment to the Sentencing Guidelines. The district court dismissed the petition, and a panel of the Seventh Circuit affirmed. The panel held that categorical ineligibility for a sentence reduction under § 3582(c)(2) does not constitute a “miscarriage of justice’ and therefore does not warrant savings clause relief. The questions presented are: Whether and under what circumstances relief is available under § 2255(e) for federal prisoners challenging errors in their sentences; and Whether the erroneous deprivation of Petitioner’s statutory right to seek a sentence reduction under 18 U.S.C. § 3582(c)(2) constitutes a miscarriage of justice such that Petitioner may obtain relief under § 2255(e).

Docket Entries

2023-06-30
Petition DENIED.
2023-06-29
DISTRIBUTED for Conference of 6/29/2023.
2023-04-25
DISTRIBUTED for Conference of 5/11/2023.
2023-04-10
Memorandum of respondent Shannon D. Withers, Warden filed.
2023-03-02
Motion to extend the time to file a response is granted and the time is extended to and including April 10, 2023.
2023-03-01
Motion to extend the time to file a response from March 9, 2023 to April 10, 2023, submitted to The Clerk.
2023-02-03
Petition for a writ of certiorari filed. (Response due March 9, 2023)
2022-11-01
Application (22A367) granted by Justice Barrett extending the time to file until February 4, 2023.
2022-10-28
Application (22A367) to extend the time to file a petition for a writ of certiorari from December 6, 2022 to February 4, 2023, submitted to Justice Barrett.

Attorneys

Robert A. Mangine
Stephen Joseph KennyJones Day, Petitioner
Stephen Joseph KennyJones Day, Petitioner
Shannon D. Withers, Warden
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent