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Ramon Hueso v. J. A. Barnhart, Warden

Paid petition · United States Court of Appeals for the Sixth Circuit, No. 18-6299 · judgment January 9, 2020

Certiorari denied · November 23, 2020
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Section 2255 of 28 U.S.C., which authorizes postconviction relief for federal prisoners, generally requires post-conviction motions be brought within a year of the judgment and prohibits second or successive claims for relief in most circumstances. But § 2255(e) includes a savings clause that allows a prisoner whose claim is otherwise barred to petition for a writ of habeas corpus if the § 2255 remedy is “inadequate or ineffective” to test the legality of his detention. In this case, after petitioner Ramon Hueso’s first § 2255 motion, a change in circuit law made it clear that Mr. Hueso had been wrongly subjected to an enhanced mandatory minimum sentence. The Sixth Circuit— explicitly disagreeing with the Fourth Circuit— nonetheless denied Mr. Hueso’s petition for a writ of habeas corpus, holding that a change in circuit law cannot support relief under the savings clause. The question presented is whether, notwithstanding the savings clause of § 2255(e), an individual serving a wrongfully enhanced sentence is barred from obtaining relief, solely because the wrongfulness of the sentence was established retroactively by a court of appeals decision.

Counsel of record

For petitioner
Sarah Marie Konsky
Jenner & Block Supreme Court and Appellate Clinic

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Nov 23 2020
    Petition DENIED.
  2. Nov 16 2020
    DISTRIBUTED for Conference of 11/20/2020.
  3. Nov 12 2020
    Rescheduled.
  4. Oct 28 2020
    DISTRIBUTED for Conference of 11/13/2020.
  5. Oct 28 2020
    Reply of petitioner Ramon Hueso filed. (Distributed)
  6. Sep 22 2020
    Motion to delay distribution of the petition for a writ certiorari until October 28, 2020 granted.
  7. Sep 17 2020
    Motion of petitioner to delay distribution of the petition for a writ of certiorari under Rule 15.5 from September 30, 2020 to October 28, 2020, submitted to The Clerk.
  8. Sep 11 2020
    Brief of respondent J. A. Barnhart, Warden in opposition filed.
  9. Jul 30 2020
    Motion to extend the time to file a response is granted and the time is further extended to and including September 11, 2020.
  10. Jul 29 2020
    Motion to extend the time to file a response from August 12, 2020 to September 11, 2020, submitted to The Clerk.
  11. Jul 09 2020
    Motion to extend the time to file a response is granted and the time is extended to and including August 12, 2020.
  12. Jul 07 2020
    Motion to extend the time to file a response from July 13, 2020 to August 12, 2020, submitted to The Clerk.
  13. Jun 08 2020
    Petition for a writ of certiorari filed. (Response due July 13, 2020)