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Mohamad Youssef Hammoud v. Serkou Ma’at, Warden

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-50914 · judgment August 31, 2022


Certiorari denied · January 9, 2023
Pre-decision estimate: 6% cert probability (95% interval 4%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a circuit split argued in the petition, and a petition filed soon after the judgment below, and down for a state or local-government respondent.

Question presented

Under 28 U.S.C. § 2255, federal prisoners can collaterally challenge their convictions on any ground cognizable on collateral review. 28 U.S.C. § 2255(h) limits the types of claims that permit prisoners to make successive attacks so that prisoners can only bring claims that indicate factual innocence or that rely on constitutional-law decisions made retroactive by this Court. 28 U.S.C. § 2255(e), however, also allows inmates to collaterally challenge their convictions outside this process through a traditional habeas action under 28 U.S.C. § 2241 whenever it “appears that the remedy by [§ 2255] motion is inadequate or ineffective to test the legality of [their] detention.” The question presented is: Whether federal inmates who did not receive a meaningful opportunity to be heard on a substantial actual-innocence claim—because established circuit precedent stood firmly against them previously and they were not appointed counsel at their first opportunity to present the claim in a § 2255 motion— can show that the remedy by § 2255 motion was inadequate or ineffective to test the legality of their detention and thus proceed to a habeas corpus petition pursuant to 28 U.S.C. § 2241.

Counsel of record

For petitioner
Christopher Donald Tomlinson
Moore and Van Allen PLLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, January 9, 2023 · Certiorari denied

Proceedings

  1. Jan 09 2023
    Petition DENIED.
  2. Dec 14 2022
    DISTRIBUTED for Conference of 1/6/2023.
  3. Dec 06 2022
    Waiver of right of respondent Serkou Ma’at, Warden, FCI-Bastrop to respond filed.
  4. Nov 29 2022
    Petition for a writ of certiorari filed. (Response due January 3, 2023)