No. 22-6025

Christopher Alan Mitchell v. United States

Lower Court: Sixth Circuit
Docketed: 2022-11-08
Status: Denied
Type: IFP
Response WaivedIFP
Tags: appellate-review concurrent-sentences criminal-procedure district-court final-order finality habeas-corpus section-2255 sentencing sentencing-range statutory-interpretation
Latest Conference: 2022-12-09
Question Presented (from Petition)

(1) Is an order granting relief and resentencing under 28 U.S.C. § 2255 final when the order changes the statutory sentencing range such that the district court cannot reimpose the original sentence, and such that any injury to the government is immediately apparent?

(2) Alternatively, if such an order is not final, is the district court required to vacate it when the controlling law changes during the course of resentencing?

Question Presented (AI Summary)

Whether an order granting relief and resentencing under 28 U.S.C. § 2255 is final when the order changes the statutory sentencing range

Docket Entries

2022-12-12
Petition DENIED.
2022-11-23
DISTRIBUTED for Conference of 12/9/2022.
2022-11-15
Waiver of right of respondent United States to respond filed.
2022-11-03
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 8, 2022)

Attorneys

Christopher Alan Mitchell
Erin Alix Phillippi RustFederal Defender Services of Eastern Tennessee, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent