Supreme Court of the United States · Official docket →
Kenneth Charles McNeil, aka Chip v. United States
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-15111 · judgment July 13, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
In 1954, this Court fashioned the modern writ of coram nobis, however, in preexisting and acknowl edged conflicts, the federal appellate courts are di vided over the proper standard for granting coram nobis relief. The All Writs Act, 28 U.S.C. § 1651(a), provides federal courts the authority to issue “all writs necessary or appropriate in aid of their respec tive jurisdictions.” In Pennsylvania Bureau of Correc tion v. U.S. Marshals Service, 474 U.S. 34, 43 (1985), the Court held, “[a] Ithough that Act empowers feder al courts to fashion extraordinary remedies when the need arises, it does not authorize them to issue ad hoc writs whenever compliance with statutory proce dures appears inconvenient or less appropriate.” The questions presented are: 1. Whether, and to what extent, United States v. Mor gan, 346 U.S. 502 (1954) fashioned the writ of coram nobis to incorporate the former federal equity courts’ requirements for equitable relief? 2. After a writ has been fashioned, whether federal courts have the authority under the All Writs Act to refashion a writ whenever compliance with the fash ioned writ appears inconvenient or less appropriate? 3. Whether, and to what extent, 28 U.S.C. § 2255 rules apply to coram nobis proceedings?
Counsel of record
For petitioner
Kenneth C. McNeil
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 19 2021Petition DENIED.
- Mar 31 2021DISTRIBUTED for Conference of 4/16/2021.
- Mar 29 2021Waiver of right of respondent United States to respond filed.
- Mar 17 2021Petition for a writ of certiorari filed. (Response due April 19, 2021)