No. 23-6735

Fuhai Li v. United States

Lower Court: Third Circuit
Docketed: 2024-02-13
Status: Denied
Type: IFP
Response WaivedIFP
Tags: actual-innocence certificate-of-appealability change-in-law conflict-of-interest fraudulent-conduct ineffective-assistance ineffective-assistance-of-counsel mandate-recall new-evidence
Latest Conference: 2024-03-15
Question Presented (from Petition)

1. Should the Court of appeals recall its mandate denying Petitioner's application for a certificate of appealability (COA) when Petitioner has demonstrated actual innocence in light of the new evidence presented in his §2255 motion or a change in law?

2. Should the Court of appeals recall its mandate denying Petitioner's application for a COA when Petitioner has shown that a fraudulent conduct was carried out by the district Court in order to serve its biased and unjust opinion that there existed no actual conflict of interest in this case?

Question Presented (AI Summary)

Whether the court of appeals erred in denying petitioner's motion to recall its mandate when petitioner has demonstrated actual innocence or a change in law

Docket Entries

2024-03-18
Petition DENIED.
2024-02-29
DISTRIBUTED for Conference of 3/15/2024.
2024-02-22
Waiver of right of respondent United States to respond filed.
2024-01-16
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due March 14, 2024)

Attorneys

Fuhai Li
Fuhai Li — Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent