No. 25-6557

David Calhoun v. United States

Lower Court: Sixth Circuit
Docketed: 2026-01-13
Status: Pending
Type: IFP
Response WaivedRelisted (2)IFP
Tags: contempt-of-court government-waiver habeas-corpus judicial-review section-2255 sentencing
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2026-02-20 (distributed 2 times)
Question Presented (from Petition)

I. Should the § 2255 Court's denial of Petitioner's claim under Santobello v. New York, 404 U.S. 257 (1971) be construed as barring said claim from review under 28 U.S.C. § 2255?

II. Did Petitioner satisfy the savings clause under 28 U.S.C. § 2255(e) by virtue of the § 2255 Court's ruling effectively barring his claim from § 2255 review?

III. Is a claim that is based on the assertion that the Government waived its right to execute a sentence properly raised under 28 U.S.C. § 2241?

IV. Should the Court of Appeals have remanded the matter for a hearing to determine whether the Government was in contempt of the District Court's order of August 31, 2023 where it acted contrary thereto?

Question Presented (AI Summary)

Should the § 2255 Court's denial of Petitioner's claim under Santobello v. New York be construed as barring said claim from review under 28 U.S.C. § 2255?

Docket Entries

2026-01-22
DISTRIBUTED for Conference of 2/20/2026.
2026-01-16
Waiver of United States of right to respond submitted.
2026-01-16
Waiver of right of respondent United States to respond filed.
2026-01-12
Motion (25M49) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2025-12-16
Motion (25M49) DISTRIBUTED for Conference of 1/9/2026.
2025-11-15
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2026)
2025-11-15
Motion of petitioner for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.

Attorneys

David Calhoun
David Calhoun — Petitioner
United States
D. John SauerSolicitor General, Respondent