No. 25-6421
William J. O'Brien, III v. United States
Response WaivedIFP
Tags: None
Key Terms:
HabeasCorpus
HabeasCorpus
Latest Conference:
2026-02-20
Question Presented (from Petition)
Is a Writ of Audita Querela under 28 USC 1651, the "All Writs Act", applicable where a defendant was barred under the Supreme Court's UNITED STATES v. JONES v. HENDRIX 143 S. Ct 1357, 216 L Ed. 2d 475 (June 22, 2023) where defendant is barred from relief from a Second or Successive 28 USC 2255, and because the ZAHAN decision established that the statute of conviction did not cover the Physician's conduct, that claim is cognizable at habeas without a Second or Successive 28 USC 2255, nor a 28 USC 2241, and the "All Writs Act" under 28 USC 1651 does provide the needed relief with Audita Querela?
Question Presented (AI Summary)
Question not identified.
Docket Entries
2026-01-15
DISTRIBUTED for Conference of 2/20/2026.
2026-01-13
Waiver of right of respondent United States to respond filed.
2025-09-30
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 22, 2026)
Attorneys
United States
D. John Sauer — Solicitor General, Respondent
William J. O'Brien, III
William J. O'Brien III — Petitioner