No. 24-5474

Lonnie W. Hubbard v. United States

Lower Court: Sixth Circuit
Docketed: 2024-09-05
Status: Denied
Type: IFP
Response WaivedIFP
Tags: judicial-discretion mandate-recall post-conviction-relief section-2255 sixth-circuit statutory-interpretation
Key Terms:
HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-10-11
Question Presented (AI Summary)

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

Question Presented (OCR Extract)

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 . * : . _

Docket Entries

2024-10-15
Petition DENIED.
2024-09-19
DISTRIBUTED for Conference of 10/11/2024.
2024-09-12
Waiver of United States of right to respond submitted.
2024-09-11
Waiver of right of respondent United States to respond filed.
2024-07-02
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 7, 2024)

Attorneys

Lonnie W. Hubbard
Lonnie W. Hubbard — Petitioner
Lonnie W. Hubbard — Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent