No. 18-7989

Manuel Guerrero v. N. C. English, Warden

Lower Court: Tenth Circuit
Docketed: 2019-02-15
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2241 28-usc-2255 circuit-precedent circuit-split erroneous-precedent federal-criminal-defendants federal-prisoner habeas-corpus post-conviction-relief section-2255 statutory-interpretation
Latest Conference: 2019-03-22
Question Presented (from Petition)

May a federal prisoner file a petition for habeas corpus under 28 U.S.C. § 2241 in order to raise arguments that were foreclosed by binding (but erroneous) circuit precedent at the time of his direct appeal and original application for post-conviction relief under 28 U.S.C. § 2255, but which are meritorious in light of a subsequent decision overturning that erroneous precedent?

Question Presented (AI Summary)

May a federal prisoner file a petition for habeas corpus under 28 U.S.C. § 2241 to raise arguments foreclosed by erroneous circuit precedent

Docket Entries

2019-03-25
Petition DENIED.
2019-03-07
DISTRIBUTED for Conference of 3/22/2019.
2019-02-27
Waiver of right of respondent N. C. English, Warden to respond filed.
2018-11-08
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 18, 2019)

Attorneys

Manuel Guerrero
Manuel Guerrero — Petitioner
N. C. English, Warden
Noel J. FranciscoSolicitor General, Respondent