No. 23-6619

Edward Lee Smith v. United States

Lower Court: Eighth Circuit
Docketed: 2024-01-30
Status: Denied
Type: IFP
Response WaivedIFP
Tags: 28-usc-2255 career-offender certificate-of-appealability circuit-precedent guideline-commentary habeas-corpus ineffective-assistance ineffective-assistance-of-counsel section-2255 total-exhaustion-rule
Key Terms:
DueProcess HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-03-01
Question Presented (from Petition)

I. Whether the "total exhaustion rule" applies to Motions under 28 U.S.C. §2255; and if so, was the district court in error to rule Smith's §2255 as untimely?

II. With the upheaval of circuit precedent wrought by this Court's Kisor decision, was it error to not issue a Certificate of Appealability on either of the following:
(a) Was Smith's counsel constitutionally ineffective when he failed to preserve, or even argue, the inchoate question when counsel's contemporaries were challenging precedent in multiple circuits?; or (b) Post Kisor, can guideline commentary be used to expand the pre 2023 Guideline text to include inchoate crimes as predicates for a career offender designation?

III. Whether the Eighth Circuit erred when they did not grant a certificate of appealability, or remand for an evidentiary hearing on Smith's colorable diligence allegations?

Question Presented (AI Summary)

Whether Lundy's 'total exhaustion rule' applies to Motions under 28 U.S.C. §2255

Docket Entries

2024-03-04
Petition DENIED.
2024-02-15
DISTRIBUTED for Conference of 3/1/2024.
2024-02-13
Letter from petitioner Edward Lee Smith received.
2024-02-09
Waiver of right of respondent United States to respond filed.
2023-09-11
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 29, 2024)

Attorneys

Edward Lee Smith
Edward Lee Smith — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent