David Calhoun v. United States

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.