No. 19-401

Lamont Dejuan Higgs v. Warden Wilson

Lower Court: Fifth Circuit
Docketed: 2019-09-25
Status: Denied
Type: Paid
Tags: 28-usc-2241 28-usc-2255 appeal appellate-review federal-procedure habeas-corpus saving-clause sentencing sentencing-relief statutory-interpretation
Latest Conference: 2020-01-17
Question Presented (from Petition)

Whether the saving clause of 28 U.S.C. § 2255(e) allows defendants to seek relief under 28 U.S.C. § 2241 on the grounds that a subsequent statutory interpretation decision, previously unavailable on direct appeal, renders their sentence unlawful.

Question Presented (AI Summary)

Whether the saving clause of 28 U.S.C. § 2255(e) allows defendants to seek relief under 28 U.S.C. § 2241 on the grounds that a subsequent statutory interpretation decision, previously unavailable on direct appeal, renders their sentence unlawful

Docket Entries

2020-01-21
Petition DENIED.
2019-12-30
DISTRIBUTED for Conference of 1/17/2020.
2019-12-23
Reply of petitioner Lamont Dejuan Higgs filed.
2019-12-18
Brief of respondent Warden Wilson in opposition filed.
2019-11-18
Motion to extend the time to file a response from November 25, 2019 to December 18, 2019, submitted to The Clerk.
2019-11-18
Motion to extend the time to file a response is granted and the time is further extended to and including December 18, 2019.
2019-10-17
Motion to extend the time to file a response is granted and the time is extended to and including November 25, 2019.
2019-10-16
Motion to extend the time to file a response from October 25, 2019 to November 25, 2019, submitted to The Clerk.
2019-09-18
Petition for a writ of certiorari filed. (Response due October 25, 2019)

Attorneys

Lamont Dejuan Higgs
Lochlan Francis ShelferGibson, Dunn & Crutcher LLP, Petitioner
Warden Wilson
Noel J. FranciscoSolicitor General, Respondent