No. 18-6394

Jimmy Steele v. United States

Lower Court: Fifth Circuit
Docketed: 2018-10-22
Status: Denied
Type: IFP
Response WaivedIFP
Tags: career-offender constitutional-rights due-process equal-protection extraordinary-circumstances gatekeeping-provision habeas-corpus intervening-change-in-law retroactivity second-motion successive-petitions
Latest Conference: 2018-11-30
Question Presented (from Petition)

In denying Steele's Second-in-time §2255 motion, did the lower court(s) err in there finding that the district court lacks jurisdiction to hear Steele's claim, in light of his argument that the claim he has asserted for challenging his sentence did not exist at the time he filed any previous motion and the § 2255(h)'s gatekeeping provision did not apply? (A) Are the considerations the Panetti v. Quarterman, 551 U.S. 930 (2007), court identified in support of its holding specifically limited to Ford type claims? (2) Does Steele's claim of an intervening change in the law which established new precedent's in the Fifth Circuit constitute an "extraordinary or 'rare circumstance" under the equitable tolling analysis and "new fact" that forms the basis of a challenge under § 2255? (3) Does Steele's unconstitutional and illegal designation as a career offender which resulted in an increase in his term of imprisonment that deprived him of liberty without due process of law, constitute a fundamental defect resulting in a miscarriage of justice? (4) Did the lower court(s) err by denying Steele a "COA", when he raised a constitutional right to be deprived of liberty as punishment for criminal conduct only to the extent authorized by Congress, and a constitutional right to be treated on equal terms as other similarly situated defendants in other cases,and jurists of reason would have found it debatable whether he stated a valid claim of a constitutional right?

Question Presented (AI Summary)

Whether the lower court erred in denying Steele's second-in-time § 2255 motion, in light of his argument that the claim he has asserted for challenging his sentence did not exist at the time he filed any previous motion and the § 2255(h)'s gatekeeping provision did not apply

Docket Entries

2018-12-03
Petition DENIED. Justice Kagan took no part in the consideration or decision of this petition.
2018-11-08
DISTRIBUTED for Conference of 11/30/2018.
2018-10-29
Waiver of right of respondent United States to respond filed.
2018-10-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due November 21, 2018)

Attorneys

Jimmy Steele
Jimmy Steele — Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent