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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: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

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

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, January 21, 2020 · Certiorari denied

Proceedings

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