No. 25-6958

Adam Carson v. United States

Lower Court: Sixth Circuit
Docketed: 2026-03-04
Status: Pending
Type: IFP
Response WaivedIFP
Tags: career-offender-enhancement crime-of-violence direct-appeal due-process-liberty-interests habeas-corpus-2255 sentencing-mandate-recall
Latest Conference: 2026-04-17
Question Presented (from Petition)

A 2255 motion may not be employed to relitigate an issue that was raised and considered on Direct Appeal. If an offender unsuccessfully challenges their designation as a career offender on Direct Appeal, arguing that a prior state conviction for robbery is not a crime of violence or a qualifying predicate offense to support a career offender enhancement, and later the Court of Appeals determines en banc that the challenged robbery conviction is not a crime of violence for purposes of the career offender enhancement, Does an offender's due process liberty interests require the mandate be recalled in order to challenge the now unconstitutional sentence (and support equal justice under the law) since an offender is prohibited from raising the argument in a 2255 motion because it was already raised and decided on Direct Appeal?

Question Presented (AI Summary)

Whether an offender's due process liberty interests require recall of the mandate to challenge a now-unconstitutional sentence when a prior conviction previously rejected on direct appeal is later determined by the Court of Appeals en banc to be invalid as a predicate for career offender enhancement, despite the prohibition on relitigating issues in a 2255 motion

Docket Entries

2026-03-26
DISTRIBUTED for Conference of 4/17/2026.
2026-03-17
Waiver of right of respondent United States to respond filed.
2026-02-17
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due April 3, 2026)

Attorneys

Adam Carson
Adam Carson — Petitioner
United States
D. John SauerSolicitor General, Respondent