No. 19-6842

Vivek Shah v. Marcus Holmes

Lower Court: Seventh Circuit
Docketed: 2019-12-04
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2241 28-usc-2255 circuit-court-of-conviction collateral-review extortion factual-innocence habeas-corpus habeas-corpus-petition plea-agreement retroactive-statutory-interpretation section-2255 statutory-interpretation
Latest Conference: 2020-01-10
Question Presented (from Petition)

(1) Whether a federal prisoner claiming factual innocence as a result of a
new, retroactively applicable statutory interpretation by the circuit
court of conviction may file a habeas corpus petition pursuant to 28
U.S.C. § 2241 after his first 28 U.S.C. § 2255 motion claiming his
innocence was denied as untimely.

(2) Whether a specific intent to extort money under 18 U.S.C. § 875(b)
could be satisfied when the government stipulates it as a fact in the
plea agreement that the defendant intended to extort money as well as
intended it to be a hoax.

Question Presented (AI Summary)

Whether a federal prisoner claiming factual innocence as a result of a new, retroactively applicable statutory interpretation by the circuit court of conviction may file a habeas corpus petition pursuant to 28 U.S.C. § 2241 after his first 28 U.S.C. § 2255 motion claiming his innocence was denied as untimely

Docket Entries

2020-01-13
Petition DENIED.
2019-12-19
DISTRIBUTED for Conference of 1/10/2020.
2019-12-12
Waiver of right of respondent United States to respond filed.
2019-11-20
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 3, 2020)

Attorneys

United States
Noel J. FranciscoSolicitor General, Respondent
Vivek Shah
Vivek Shah — Petitioner