No. 22-7351

Leonard Scaggs v. A. Ciolli, Warden

Lower Court: Ninth Circuit
Docketed: 2023-04-24
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2241 actual-innocence habeas-corpus jury-instructions rosemond-decision savings-clause section-2241 supreme-court-precedent united-states-v-rosemond
Key Terms:
HabeasCorpus
Latest Conference: 2023-05-18
Question Presented (from Petition)

Whether this Court's decision in United States v. Rosemond was available to petitioner in a motion filed pursuant to 28 U.S.C. § 2241 under the "savings clause" or "escape hatch" where he demonstrated his "actual innocence" with a jury question that specifically foreshadowed the Rosemond advance knowledge requirement?

Question Presented (AI Summary)

Whether this Court's decision in United States v. Rosemond was available to petitioner in a motion filed pursuant to 28 U.S.C. § 2241 under the 'savings clause' or 'escape hatch' where he demonstrated his 'actual innocence' with a jury question that specifically foreshadowed the Rosemond advance knowledge requirement?

Docket Entries

2023-05-22
Petition DENIED.
2023-05-03
DISTRIBUTED for Conference of 5/18/2023.
2023-05-01
Waiver of right of respondent A, Ciolli to respond filed.
2023-04-19
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 24, 2023)

Attorneys

A, Ciolli
Elizabeth B. PrelogarSolicitor General, Respondent
Leonard Scaggs
Gail Ivens — Petitioner