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Michael Jackson v. Donald Hudson, Warden

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 21-3011 · judgment August 13, 2021


Dismissed · November 12, 2021
Pre-decision estimate: 7% cert probability (95% interval 4%–13%)

Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a petition filed soon after the judgment below, counsel with five or more prior petitions here, and a Tenth Circuit decision below, and down for a state or local-government respondent.

Question presented

A person in federal custody may challenge the legality of his detention by filing a post-conviction motion under 28 U.S.C. § 2255. Second or successive motions under that statute are typically prohibited. However, Section 2255(e) includes a saving clause that allows a prisoner to petition for a writ of habeas corpus under 28 U.S.C. § 2241 if the Section 2255 remedy is “inadequate or ineffective to test the legality of his detention.” The question presented is: Whether a federal prisoner is entitled to bring a habeas claim under the saving clause of Section 2255(e) to challenge the unlawful application of a mandatory minimum sentence, and imposition of a sentence that exceeded the proper statutory maximum, when his challenge was previously precluded by binding circuit precedent that has since been overruled by the circuit sitting en banc on the basis of an intervening decision of this Court.

Counsel of record

For petitioner
Kevin K. Russell
Goldstein and Russell, P.C.

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history

Proceedings

  1. Nov 12 2021
    Petition Dismissed - Rule 46.
  2. Oct 26 2021
    Motion to dismiss under Rule 46.2 filed.
  3. Oct 01 2021
    Motion to extend the time to file a response is granted and the time is extended to and including November 3, 2021.
  4. Sep 30 2021
    Motion to extend the time to file a response from October 4, 2021 to November 3, 2021, submitted to The Clerk.
  5. Aug 31 2021
    Petition for a writ of certiorari filed. (Response due October 4, 2021)