Nicholas DeAngelis v. Bruce Plumley, Warden
DueProcess HabeasCorpus Punishment
The criteria in 28 U.S.C.S. §2244(d)(1) is identical to 28 U.S.C.S. §2255(f). The former per this courts holding in MóQuiggin v. Perkins, 569 U.S. 383, 133 S.Ct. 1924; 185 L.Ed.2d 1019 (2013), gives State Prisoners Federal Habeas relief under "actual innocence" by providing a gateway to overcome pracedual bar(s) or expirations limits. Is it a denial of due process for Federal Prisoners not to be afforded the same gateway for "actual innocence'.' under §2255(f) to overcome the same procedual bar(s) and expiration limits for Federal habeas relief?
Does a Circuit Court of Appeals inflict cruel and unusual punishment in violation of the Eighth Amendment by denying a 28 U.S.C.S. §2241 Appeal of "actual innocence" based upon nonexistent offenses due to a SCOTUS decision that was retroactive to appellee which made his 240 month sentence illegal?
whether-federal-prisoners-have-the-same-gateway-for-actual-innocence-as-state-prisoners