Supreme Court Report

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David Calhoun v. United States

IFP petition · United States Court of Appeals for the Sixth Circuit, No. 24-3240 · judgment June 17, 2025


Certiorari denied · February 23, 2026

Question presented

I. Should the § 2255 Court’s denial of Petitioner’s claim under Santobello v. New York, 404 U.S. 257 (1971) be construed as barring said claim from review under 28 U.S.C. § 2255? Suggested Answer: Yes. II. Did Petitioner satisfy the savings clause under 28 U.S.C. § 2255(e) by virtue of the § 2255 Court’s ruling effectively barring his claim from § 2255 review? Suggested Answer^ Yes. III. Is a claim that is based on the assertion that the Government waived its right to execute a sentence properly raised under 28 U.S.C. § 2241? Suggested Answer: Yes. IV. Should the Court of Appeals have remanded the matter for a hearing to determine whether the Government was in contempt of the District Court’s order of August 31, 2023 where it acted contrary thereto? Suggested Answer: Yes.

Counsel of record

For petitioner
David Calhoun

For respondent
D. John Sauer
Solicitor General

Case

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

Conference history
Distributed for 2 conferences

Order
Order list, February 23, 2026 · Certiorari denied

Proceedings

  1. Feb 23 2026
    Petition DENIED.
  2. Jan 22 2026
    DISTRIBUTED for Conference of 2/20/2026.
  3. Jan 16 2026
    Waiver of right of respondent United States to respond filed.
  4. Jan 12 2026
    Motion (25M49) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
  5. Dec 16 2025
    Motion (25M49) DISTRIBUTED for Conference of 1/9/2026.
  6. Nov 15 2025
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 12, 2026)
  7. Nov 15 2025
    Motion of petitioner for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.