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Adam Carson v. United States
IFP petition · United States Court of Appeals for the Sixth Circuit, No. 18-3919 · judgment September 23, 2025
Question presented
DATE: 02/17/2026 07:28:45 AM QUESTION PRESENTED A 2255 motion may not be employed to relitigate an issue that was raised and considered on Direct Appeal. If an.offender unsuccessfully challenges their designation as a career offender on Direct Appeal, arguing that a prior state conviction for robbery is not a crime of violence or a qualifying predicate offense to support a career offender enhancement, and later the Court of Appeals determines en banc that the challenged robbery conviction is not a crime of violence for purposes of the career offender enhancement, Does an offender's due process liberty interests require the mandate be recalled in order to challenge the now unconstitutional sentence (and support equal justice under the law) since an offender is prohibited from raising the argument in a 2255 motion because it was already raised and decided on Direct Appeal?
Counsel of record
For petitioner
Adam Carson
For respondent
D. John Sauer
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Apr 20 2026Petition DENIED.
- Mar 26 2026DISTRIBUTED for Conference of 4/17/2026.
- Mar 17 2026Waiver of right of respondent United States to respond filed.
- Feb 17 2026Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2026)