No. 23-1258

Royce Wade Lander v. United States

Lower Court: Fifth Circuit
Docketed: 2024-05-31
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-2255 appellate-procedure certificate-of-appealability due-process fifth-circuit habeas-corpus jurists-of-reason motion-to-vacate standard-of-review threshold-showing
Key Terms:
HabeasCorpus
Latest Conference: 2024-09-30
Question Presented (AI Summary)

Whether the Order of the United States Court of Appeals for the Fifth Circuit holding that Petitioner failed to make the threshold showing for a certificate of appealability conflicts with this Court's precedent

Question Presented (from Petition)

QUESTION PRESENTED I. This Court has held a certificate of appealability (“COA”) should issue where the petitioner has made a threshold showing that jurists of reason could disagree with the district court’s holding or that jurists could conclude the issues presented are adequate to deserve encouragement to proceed further. Accordingly, the issue presented is whether the Order of the United States Court of Appeals for the Fifth Circuit holding that Petitioner failed to make this threshold showing and refusing to grant a COA as to the District Court’s denial of Petitioner’s Motion for Reconsideration of the District Court’s April 14, 2023 denial of his Motion to Vacate, Set Aside, or Correct a Sentence Under 28 U.S.C. § 2255 conflicts with this Court’s precedent?

Docket Entries

2024-10-07
Petition DENIED.
2024-06-18
DISTRIBUTED for Conference of 9/30/2024.
2024-06-14
Waiver of right of respondent United States of America to respond filed.
2024-05-29
Petition for a writ of certiorari filed. (Response due July 1, 2024)

Attorneys

Royce Wade Lander
Patrick Allen Mullin — Petitioner
Patrick Allen Mullin — Petitioner
United States of America
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent