Lorenzo Williams v. Steve Kallis, Warden

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:

1. 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?

2. Was the decision in Mathis a change in the law regarding whether a prior state robbery conviction is a crime of violence?