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Abel Diaz v. Warden, Federal Correctional Institution, Bennettsville

Paid petition · United States Court of Appeals for the Fourth Circuit, No. 20-7713 · judgment September 20, 2021

Certiorari denied · February 22, 2022

Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a dissent in the court below (flagged in the petition), and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

WHETHER THE DISTRICT COURT HAD JURISDICTION UNDER THE SAVINGS CLAUSE OF 28 U.S.C. § 2255(e) TO ADJUDICATE THE MERITS OF PETITIONER DIAZ’S § 2241 PETITION WHERE DIAZ’S SENTENCE EXCEEDED THE STATUTORY MAXIMUM FOR HIS DRUG OFFENSE WITHOUT A JURY FINDING OF THE DRUG QUANTITY.

Counsel of record

For petitioner
William Mallory Kent
Kent & McFarland

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 1 conference

Proceedings

Feb 22 2022
Petition DENIED.
Jan 12 2022
DISTRIBUTED for Conference of 2/18/2022.
Jan 04 2022
Waiver of right of respondent Federal Correctional Institution, Bennettsville to respond filed.
Main Document
Dec 17 2021
Petition for a writ of certiorari filed. (Response due January 20, 2022)
Petition Appendix Certificate of Word Count Proof of Service