No. 22-512

Mohamad Youssef Hammoud v. Serkou Ma’at, Warden

Lower Court: Fifth Circuit
Docketed: 2022-12-02
Status: Denied
Type: Paid
Response Waived
Tags: 28-usc-2241 28-usc-2255 actual-innocence circuit-precedent circuit-split collateral-review federal-prisoners habeas-corpus ineffective-assistance-of-counsel statutory-interpretation
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-01-06
Question Presented (from Petition)

Whether federal inmates who did not receive a meaningful opportunity to be heard on a substantial actual-innocence claim—because established circuit precedent stood firmly against them previously and they were not appointed counsel at their first opportunity to present the claim in a § 2255 motion—can show that the remedy by § 2255 motion was inadequate or ineffective to test the legality of their detention and thus proceed to a habeas corpus petition pursuant to 28 U.S.C. § 2241.

Question Presented (AI Summary)

Whether federal inmates who did not receive a meaningful opportunity to be heard on a substantial actual-innocence claim can show that the remedy by § 2255 motion was inadequate or ineffective to test the legality of their detention and thus proceed to a habeas corpus petition pursuant to 28 U.S.C. § 2241

Docket Entries

2023-01-09
Petition DENIED.
2022-12-14
DISTRIBUTED for Conference of 1/6/2023.
2022-12-06
Waiver of right of respondent Serkou Ma’at, Warden, FCI-Bastrop to respond filed.
2022-11-29
Petition for a writ of certiorari filed. (Response due January 3, 2023)

Attorneys

Mohamad Youssef Hammoud
Christopher Donald TomlinsonMoore and Van Allen PLLC, Petitioner
Serkou Ma’at, Warden, FCI-Bastrop
Elizabeth B. PrelogarSolicitor General, Respondent