No. 24-6438

Iran Dwayne Ketchup v. United States

Lower Court: Eleventh Circuit
Docketed: 2025-01-31
Status: Denied
Type: IFP
Response WaivedIFP
Tags: criminal-procedure habeas-corpus ineffective-counsel judicial-injustice rule-60 section-2255
Latest Conference: 2025-02-28
Question Presented (from Petition)

Did Federal Rules of Civil Procedure, Rule 60 allow the lower courts (1)
to re-open the 28 P.S.C. S 2255 proceedings, pursuant to Gonzalez v.
Crosby , 545 U.S. 524 (2005), when that error was based upon the "injustice"
to the Petitioner, and the risk to public "confidence in the judicial
process" that would accrue were his- S 2255 proceedings not re-opened,
involves the Petitioner serving a sentence for which 1) he was which
not charged, indicted, nor convicted of the crime recited in the Judgment
in a Criminal Case, and 2) Petitioner's 18 P.S.C. S 924(c) were not permitted
to start, due to Congress' directive that such sentences are to be served
"consecutive," to any other sentence, that is properly interpreted as
a lawful sentence?

(2) When the government admitted to the lower courts that it had not been
truthful in the Petitioner's first and initial 28 P.S.C. S 2255 proceedings,
concerning claims of denial of counsel at critical stages of the prosecution
and ineffective assistance of counsel, was the Eleventh Circuit required
to investigate whether it was a victim of fraud upon the Court, when
it was brought to its attention, pursuant to Federal Rules of CiviJLL Procedure,
Rule 60, and Gonzalez v. Crosby , 545 U.S. 524 (2005)?

(3) Does the reasoning in In re West , 103 F.4th 417 (6th Cir. 2024) set forth
a pattern, for which this Court may craft a remedy in this case, pursuant
to Federal Rules of Civil Procedure, Rule 60(b)(6)?

Question Presented (AI Summary)

Whether Federal Rules of Civil Procedure Rule 60 allows re-opening of 28 U.S.C. § 2255 proceedings based on claims of judicial injustice and potential erosion of public confidence in the judicial process

Docket Entries

2025-03-03
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition. See 28 U. S. C. §455(b)(3) and Code of Conduct for Justices of the Supreme Court of the United States, Canon 3B(2)(e) (prior government employment).
2025-02-13
DISTRIBUTED for Conference of 2/28/2025.
2025-02-06
Waiver of United States of right to respond submitted.
2025-02-06
Waiver of right of respondent United States to respond filed.
2024-12-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 3, 2025)

Attorneys

Iran D. Ketchup
Iran Dwayne Ketchup — Petitioner
United States
Sarah M. HarrisActing Solicitor General, Respondent