No. 18-5483

Martin R. Vandemerwe v. Steve Langford, Warden

Lower Court: Ninth Circuit
Docketed: 2018-08-07
Status: Denied
Type: IFP
Response WaivedIFP
Tags: circuit-split federal-prisoner habeas-corpus miscarriage-of-justice retroactive-decision savings-clause sentencing-guidelines statutory-interpretation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2018-09-24
Question Presented (from Petition)

Is the Circuit Split between the Seventh Circuit Court of Appeals and other' listed Circuits(see below) sufficient given it denies defendant's in all the other Circuit's access to the Great Writ(and in effect suspends the Writ of Habeas Corpus available only through the Seventh Ciruit via 28 U.S.C. § 2241) of sufficient deprivation to require this United States Supreme Court to resolve this Circuit spilt 1' which allowed to stand will deny all others except the Seventh Ciruit to have access to argue 2 a misapplication of the sentencing guidelines, which otherwise represents a fundamental defect that constitutes a miscarriage of justice corrigible in a § 2241 proceeding? 3

Question Presented (AI Summary)

Is the Circuit Split between the Seventh Circuit Court of Appeals and other listed Circuits sufficient given it denies defendant's in all the other Circuit's access to the Great Writ(and in effect suspends the Writ of Habeas Corpus available only through the Seventh Cirvit via 28 U.S.C. § 2241) of sufficient deprivation to require this United States Supreme Court to resolve this Circuit split' which allowed to stand will deny all others except the Seventh Ciruit to have access to argue a misapplication of the sentencing guidelines, which otherwise represents a fundamental defect that constitutes a miscarriage of justice corrigible in a § 2241 proceeding?

Docket Entries

2018-10-01
Petition DENIED.
2018-08-16
DISTRIBUTED for Conference of 9/24/2018.
2018-08-10
Waiver of right of respondent Langford, Warden to respond filed.
2018-06-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 6, 2018)

Attorneys

Langford, Warden
Noel J. FranciscoSolicitor General, Respondent
Martin R. Vandemerwe
Martin Vandemerwe — Petitioner