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Alaska v. Sean Wright
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 19-35543 · judgment September 2, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Sean Wright fully served his Alaska sexual-abuse-of-a-minor convictions as of September 17, 2016. After moving from Alaska, Wright was convicted, under federal law, of failure to register as a sex offender in federal court in Tennessee. In February 2018 Wright filed a habeas petition under 28 U.S.C. § 2254 in federal court in Alaska, challenging his sexual-abuse-of-a-minor convictions on speedy trial grounds. The district court dismissed the petition on the basis that Wright was not in custody on the Alaska convictions. The Ninth Circuit reversed. Relying on Zichko v. Idaho, 247 F.3d 1015, 1019-20 (9th Cir. 2001), it held that Wright’s incarceration and supervised release term for the federal failure-to-register conviction rendered him in custody for purposes of challenging his fully-served Alaska convictions. Wright v. Alaska, 819 Fed.Appx. 544, 545-46 (9th Cir., Sept. 2, 2020). This petition for a writ of certiorari presents the following question: When an offender has fully served the sentence imposed pursuant to a state conviction, does a federal habeas court have jurisdiction to consider a § 2254 challenge to that conviction merely because it served as a predicate for an independent federal conviction under which the offender is now in custody?
Counsel of record
For petitioner
Donald Earl Soderstrom
State of Alaska, Office of Criminal Appeals
For respondent
Stuart Banner
UCLA School of Law Supreme Court Clinic
Case
Conference history
Distributed for 2 conferences
Amicus briefs
1 cert-stage
Proceedings
- May 28 2021JUDGMENT ISSUED.
- Apr 26 2021Petition GRANTED. Judgment VACATED and case REMANDED for further proceedings consistent with this opinion. Opinion per curiam. (Detached Opinion)
- Apr 19 2021DISTRIBUTED for Conference of 4/23/2021.
- Mar 31 2021DISTRIBUTED for Conference of 4/16/2021.
- Mar 26 2021Reply of petitioner Alaska filed.
- Mar 15 2021Brief of respondent Sean Wright in opposition filed.
- Feb 12 2021Brief amici curiae of States of Indiana, et al. filed.
- Jan 22 2021Motion to extend the time to file a response is granted and the time is extended to and including March 15, 2021.
- Jan 21 2021Motion to extend the time to file a response from February 12, 2021 to March 15, 2021, submitted to The Clerk.
- Jan 07 2021Petition for a writ of certiorari filed. (Response due February 12, 2021)