Lonnie W. Hubbard v. United States
HabeasCorpus JusticiabilityDoctri
Whether the Sixth Circuit abused its discretion in denying a motion to recall the mandate post-Ruan v. United States, given changes in statutory interpretation and limitations on successive § 2255 motions
No question identified. : : QUESTION: | PRESENTED a QUESTION ; . WHETHER THE SIXTH CIRCUIT ABUSED ITS DISCRETION WHEN IT DENIED HUBBARD'S MOTION TO RECALL THE MANDATE, POST-RUAN V. UNITED STATES, 142 S. CT. 2370 (2022), WHEN IT HELD THAT: (1) CHANGES IN STATUTORY INTERPRETATION ARE NOT THE TYPE OF UNFORESEEN CONTINGENCY WHICH WARRANTS RECALL OF THE MANDATE, AND (2) SINCE HUBBARD HAD ALREADY FILED A § 2255 MOTION TO VACATE AND COULD NOT FILE A SECOND OR SUCCESSIVE § 2555 MOTION, THEN THAT DOES NOT WARRANT A RECALL OF THE MANDATE . * : . _