Richard Wayne Johnson v. United States
1. In a Federal criminal case, whether a motion pursuant to 18 U.S.C. § 2255(e) is a petition in the Mitigation in the Residual can challenge the subject-matter jurisdiction of the matter?
2. Is the failure of the District Court and Court of Appeals to examine the jurisdiction of the District Court, whether Separate from case law that demonstrates lack of subject-matter jurisdiction (if the Case so requires this Court to hold that such error and correct the error)?
3. Whether affirmative answers to questions one and two, under the totality of the circumstances, demonstrates that equitable estoppel against the Government should be (imposed) and reversal of the conviction (ans)?
Whether a motion pursuant to 18 U.S.C. § 3582(c) is a part of the mitigation of a defendant's sentence that can challenge the subject-matter jurisdiction of the matter