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Lamont Dejuan Higgs v. Warden Wilson

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 18-11581 · judgment June 20, 2019

Certiorari denied · January 21, 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

Whether the saving clause of 28 U.S.C. § 2255(e) allows defendants to seek relief under 28 U.S.C. § 2241 on the grounds that a subsequent statutory interpretation decision, previously unavailable on direct appeal, renders their sentence unlawful.

Counsel of record

For petitioner
Lochlan Francis Shelfer
Gibson, Dunn & Crutcher LLP

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Jan 21 2020
    Petition DENIED.
  2. Dec 30 2019
    DISTRIBUTED for Conference of 1/17/2020.
  3. Dec 23 2019
    Reply of petitioner Lamont Dejuan Higgs filed.
  4. Dec 18 2019
    Brief of respondent Warden Wilson in opposition filed.
  5. Nov 18 2019
    Motion to extend the time to file a response from November 25, 2019 to December 18, 2019, submitted to The Clerk.
  6. Nov 18 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including December 18, 2019.
  7. Oct 17 2019
    Motion to extend the time to file a response is granted and the time is extended to and including November 25, 2019.
  8. Oct 16 2019
    Motion to extend the time to file a response from October 25, 2019 to November 25, 2019, submitted to The Clerk.
  9. Sep 18 2019
    Petition for a writ of certiorari filed. (Response due October 25, 2019)