Lorenzo Williams v. Steve Kallis, Warden
This Petition seeks to resolve a circuit conflict.
Persons convicted of a federal offense can file a petition to challenge their convictions pursuant to 28
U.S.C. § 2241, but only if relief under 28 U.S.C. § 2255
is "inadequate or ineffective." Mr. Williams alleged in
his § 2241 petition that this Court's decision in Mathis
v. United States, 136 S.Ct. 2243 (2016), was a change
in the law that was not available to him when he had
a right to file a § 2255 motion. Various circuit courts
have held that a change in the law after the time to file
a § 2255 motion makes that remedy "inadequate and
ineffective." But the courts have not agreed on whether
that change in the law must be an act of Congress, a
decision from this Court, or a decision of a circuit court.
The questions for review here are:
1. What type of change in the law allows a person
to file a § 2241 petition? Does it have to be an act of
Congress, a court decision declaring a new rule of constitutional law, or a court decision establishing a new
rule of statutory construction?
2. Was the decision in Mathis a change in the law
regarding whether a prior state robbery conviction is a
crime of violence?
What type of change in the law allows a person to file a § 2241 petition?