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Lorenzo Williams v. Steve Kallis, Warden
Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-2671 · judgment March 26, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
This Petition seeks to resolve a circuit conflict. Persons convicted of a federal offense can file a petition to challenge their convictions pursuant to 28 U.S.C. § 2241, but only if relief under 28 U.S.C. § 2255 is “inadequate or ineffective.” Mr. Williams alleged in his § 2241 petition that this Court’s decision in Mathis v. United States, 136 S.Ct. 2243 (2016), was a change in the law that was not available to him when he had a right to file a § 2255 motion. Various circuit courts have held that a change in the law after the time to file a § 2255 motion makes that remedy “inadequate and ineffective.” But the courts have not agreed on whether that change in the law must be an act of Congress, a decision from this Court, or a decision of a circuit court. The questions for review here are:
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What type of change in the law allows a person to file a § 2241 petition? Does it have to be an act of Congress, a court decision declaring a new rule of constitutional law, or a court decision establishing a new rule of statutory construction?
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Was the decision in Mathis a change in the law regarding whether a prior state robbery conviction is a crime of violence?
Counsel of record
For petitioner
Wallace L. Taylor
For respondent
Brian H. Fletcher
Acting Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 12 2021Petition DENIED.
- Sep 22 2021DISTRIBUTED for Conference of 10/8/2021.
- Sep 14 2021Waiver of right of respondent Steve Kallis, Warden to respond filed.
- Aug 27 2021Petition for a writ of certiorari filed. (Response due September 30, 2021)