2255-motion
33 cases — ← All topics
| Case | Title | Lower Court | Docketed | Status | Flags | Tags | Question Presented |
|---|---|---|---|---|---|---|---|
| 25-289 | Muhamed Pathe Bah v. United States | Fifth Circuit | 2025-09-12 | Denied | Response Waived | 2255-motion federal-circuits habeas-corpus legal-standard rule-56 summary-judgment | Courts in every federal district apply Rule 56 to 2255 motions; the application, however, is uneven. In the Second Circuit, the summary-judgment rules… |
| 24-5978 | In Re Marquis Deron Heard | 2024-11-15 | Denied | Response WaivedIFP | 2255-motion federal-prisoner mandamus-relief pro-se-petition search-warrant sixth-circuit | 1.) If the petitioner had two appeals on his 2255 motion and the second appeal was correct under Fed. R. App. P. (4) (a) (4) (a) (IV), does law-of-the… | |
| 24-5609 | In Re Babubhai Patel | 2024-09-23 | Denied | IFP | 2255-motion circuit-court habeas-corpus judicial-discretion newly-discovered-evidence subject-matter-jurisdiction | Whether the Sixth Circuit abused its discretion by holding that Mr. Patel's properly filed 2255 Motion to Vacate in Light of Newly Discovered Evidence… | |
| 22-5516 | Antrell Desharron Lewis v. United States | Eighth Circuit | 2022-09-07 | Denied | Response WaivedIFP | 2255-motion burrage burrage-standard criminal-procedure drug-overdose habeas-corpus ineffective-assistance prosecutorial-misconduct sixth-amendment | Did trial counsel provide ineffective assistance in light of this court's holding in Burrage by failing to investigate the drug alleged to have caused… |
| 22-5103 | Chico Jermell Carraway v. United States | Third Circuit | 2022-07-13 | Denied | Response WaivedIFP | 2255-motion 28-usc-2255 evidentiary-hearing ineffective-assistance-counsel ineffective-assistance-of-counsel plea-agreement plea-bargaining rule-11 rule-11-procedure sentencing sentencing-hearing | When a defendant alleges with supporting evidence that he pleaded guilty based on an unkept promise of counsel concerning sentencing, is he entitled t… |
| 21-7952 | Steven P. Grados v. United States | Third Circuit | 2022-05-24 | Denied | Response WaivedIFP | 2255-motion constitutional-rights due-process federal-rules-of-civil-procedure judicial-assignment magistrate-judge procedural-error recusal retaliation third-circuit-court-of-appeals | 1. Is it proper for Trial Judge, Kim R. Gibson, to "assign" a non consent Magistrate Judge, Keith A. Pesto, who works out of the same Courthouse as Ju… |
| 21-7746 | David Piper, Jr. v. United States | Fifth Circuit | 2022-04-28 | Denied | Response WaivedIFP | 2255-motion aedpa aedpa-deadline certificate-of-appealability constitutional-right due-process equitable-tolling habeas-corpus pro-se pro-se-petition | Whether the Court of Appeals denying Piper's 2255 motion to vacate, set aside, or correct his sentence for a Certificate of Appealability reasons were… |
| 21-6220 | Jehoni Kierre Williams v. United States | Fifth Circuit | 2021-11-09 | Denied | IFP | 2255-motion abuse-of-discretion amendment civil-procedure direct-appeal district-court-discretion evidentiary-hearing federal-rules-of-civil-procedure ineffective-assistance-of-counsel notice-of-appeal | Whether the District Court denying petitioner's request to Amend is in conflict with The Federal Rules of Civil Procedure Rule 15? 2) Whether the Dis… |
| 20-8334 | Jerome Williams v. United States | Eleventh Circuit | 2021-06-16 | Denied | Response WaivedIFP | 2255-motion acca armed-career-criminal-act burden-of-proof eleventh-circuit habeas-corpus johnson-precedent johnson-v-united-states legal-landscape section-2255 sentencing-review | Where a § 2255 movant relies on evidence of the legal background at the time of his sentencing to prove he was sentenced under an unconstitutional law… |
| 20-6885 | David Alan Vogel v. United States | Fifth Circuit | 2021-01-14 | Denied | Response WaivedIFP | 10th-amendment 2255-appeal 2255-motion 6th-amendment certificate-of-appealability circuit-court-precedent constitutional-grounds sixth-amendment supreme-court-precedent tenth-amendment | 1. Did the 5th Circuit violate the precedent of this Supreme Court and the legal standard of every other circuit when it denied Certificate of Appeal… |
| 20-5587 | Zachary Joseph Love v. United States | Eighth Circuit | 2020-09-03 | Denied | Response WaivedIFP | 2255-motion 28-usc-2254 28-usc-2255 constitutional-rights evidentiary-hearing federal-procedure habeas-corpus kaufman-v-united-states townsend-factors townsend-v-sain | In a habeas corpus proceeding under 28 U.S.C. § 2255 originating from a federal district court, where facts have not been established on the record to… |
| 19-7911 | Thomas William Cornelius, Jr. v. United States | Ninth Circuit | 2020-03-09 | Denied | Response WaivedIFP | 2255-motion 28-usc-2255 appeal criminal-procedure defendant-rights due-process habeas-corpus physical-presence right-to-be-present sentencing | With respect to a defendant who does not waive his right to be physically present during a re-sentencing hearing, held pursuant to a stipulated resolu… |
| 19-6998 | Patrick Kofalt v. United States | Third Circuit | 2019-12-18 | Denied | Response WaivedIFP | 2255-motion conflict-of-interest due-process plea-agreement fourth-amendment fourth-amendment ineffective-assistance ineffective-assistance-of-counsel judicial-procedure judicial-shell-game nix-v-whiteside plea-agreement sixth-amendment | I. Does controlling authority from the Supreme Court in Nix v. Whiteside, 475 US 157 (1986), hold that all ineffective assistance of counsel waivers a… |
| 19-6600 | Barry Lernard Davis v. United States | Fifth Circuit | 2019-11-13 | Denied | Response WaivedIFP | 2255-motion 60b-motion abuse-of-discretion coa-brief court-of-appeals due-process evidentiary-hearing manifest-injustice procedural-due-process psr psr-challenge section-2255 sentencing-claim sentencing-evidence sentencing-issue sentencing-review | 1. Where petitioner attacked evidence; Statens Certified Motion to Dismiss allegation in his PSR, of R.D., to his 2255 Motion, and argued his evidence… |
| 19-6529 | James Tyson, Jr. v. United States | Fourth Circuit | 2019-11-06 | Denied | Response WaivedIFP | 2255-motion access-to-courts civil-procedure constitutional-rights due-process evidentiary-hearing ineffective-assistance rule-6-motion sealing-orders standing transparency | I.) Was the district courts denial of Petitioners Rule 6 motion to unseal documents a denial of Petitioners due process rights? II.) Was counsel cons… |
| 19-6208 | Darrell Alan Lussier v. United States | Eighth Circuit | 2019-10-08 | Denied | Response WaivedIFP | 2255-motion appellate-procedure certificate-of-appealability court-of-appeals district-court due-process established-precedent habeas-corpus habeas-corpus-appeal judicial-precedent precedent right-to-appeal section-2255 | 1.) When a District Court's denial of a §2255 motion is contrary to established precedent is the Court of Appeals required to grant a certificate of… |
| 19-5964 | In Re Dwight Carter, Sr. | 2019-09-17 | Denied | IFP | 18-usc-924c 2255-motion constitutional-law criminal-procedure criminal-procedure-2255-habeas-corpus davis-rule due-process habeas-corpus hobbs-act-robbery merits-analysis prima-facie-standard retroactivity second-or-successive-motion sentencing statutory-interpretation united-states-v-davis | 1.) Because Petitioner's 18 U.S.C.j924(c) conviction identified conspiracy to commit Hobbs Act Robbery, 18 U.S.C. 1951, predicate to support his 924(c… | |
| 19-5215 | Lowrell Neal v. United States | Sixth Circuit | 2019-07-19 | Denied | Response WaivedIFP | 2255-motion appellate-review circuit-court clearly-erroneous criminal-procedure habeas-corpus law-of-the-case manifest-injustice procedural-error sixth-circuit | 1. RESULTED IN A MANIFEST INJUSTICE? 2. DID THE SIXTH CIRCUIT ERR BY DENYING PETITIONER'S MOTION TO EXPAND COA ISSUES TO INCLUDE A CLAIM THE DISTRICT… |
| 19-5241 | Zack Zafer Dyab v. Nicole English, Warden | Tenth Circuit | 2019-07-18 | Denied | Response RequestedResponse WaivedRelisted (2)IFP | 2241-petition 2255-motion 28-usc-2241 28-usc-2255 abuse-of-discretion circuit-court-discretion circuit-split detention-challenge foreclosure habeas-corpus judicial-review saving-clause section-2241 section-2255 united-states-v-wheeler | Does the Petitioner have to test the legality of his detention in the initial 2255 motion, even though the argument would have been rejected on the me… |
| 18-9842 | Alpidio Gonzalez v. Ralph Hanson, Warden | Fifth Circuit | 2019-06-27 | Denied | Response WaivedIFP | 2241 2241-petition 2255 2255-motion habeas-corpus judicial-review mathis-v-united-states prior-conviction saving-clause savings-clause sentence-enhancement | 1. How can a person show that a Writ of Habeas Corpus 2241 is the proper way to demostrate he is entitled relief when the lower courts Deny a motion… |
| 18-9415 | Michael Don Neely v. United States | Tenth Circuit | 2019-05-23 | Denied | Response WaivedIFP | 2255-motion armed-career-criminal-act circuit-split constitutional-interpretation illegal-sentence johnson-v-united-states judicial-review residual-clause sentencing sentencing-enhancement unconstitutional | Michael Neely is serving an illegal sentence after Johnson v. United States. However, the Tenth Circuit Court of Appeals held that he is not entitled … |
| 18-9403 | In Re Christopher Johnson | 2019-05-23 | Denied | IFP | 2255-motion 28-usc-2241 922g-offense binding-precedent circuit-precedent commerce-clause criminal-procedure erroneous-precedent federal-prisoner foreclosed-arguments habeas-corpus post-conviction-relief rehaif-v-united-states statutory-interpretation | 1. Whether a federal prisoner may file a petition for habeas corpus under 28 U.S.C. § 2241 in order to raise arguments that were foreclosed by binding… | |
| 18-9368 | Antonio Dean Blackstone v. United States | Ninth Circuit | 2019-05-21 | Denied | Response WaivedIFP | 18-usc-924c 2255-motion criminal-procedure-sentencing due-process johnson-decision johnson-v-united-states ninth-circuit residual-clause section-2255 section-924c timeliness-standard united-states-v-davis vagueness | 1. Whether this Court should grant, vacate, and remand this case, where Petitioner filed a § 2255 claiming that Johnson v. United States, 135 S. Ct. 2… |
| 18-8952 | Boris Murphy v. United States | Fourth Circuit | 2019-04-23 | Denied | Response WaivedIFP | 2255-motion 6th-amendment conflict-of-interest deficient-performance direct-appeal due-process fifth-amendment ineffective-assistance ineffective-assistance-of-counsel plea-bargaining sixth-amendment | Did the Fourth Circuit review the District Courts error in denying petitioners 28 U.S.C. 2255 claim de novo that was based on conflict of interest and… |
| 18-8464 | Oscar Lamar Mims v. United States | Eighth Circuit | 2019-03-19 | Denied | Response WaivedIFP | 2255-motion certificate-of-appealability commerce-clause habeas-corpus ineffective-assistance-of-counsel speedy-trial strategic-decision strickland-standard suspension-of-writ writ-of-review | Does the Certificate of Appealability process weaken the efficacy of the Writ, either to the point of working a Suspension of the Writ or of making §2… |
| 18-8345 | Gary Lakey v. United States | Eleventh Circuit | 2019-03-08 | Denied | Response WaivedIFP | 2255-motion appellate-review certificate-of-appealability due-process eleventh-circuit evidentiary-hearing habeas-corpus indictment judicial-procedure jurisdiction | Question #1 - Did the Eleventh Circuit decide an appeal without jurisdiction when it denied a Certificate of Appealability (COA) on all issues on the … |
| 18-7951 | Cornell Winfrei McClure v. United States | Fourth Circuit | 2019-02-13 | Denied | Response WaivedIFP | 2255-motion bench-trial due-process impartiality ineffective-assistance ineffective-assistance-of-counsel judicial-recusal sua-sponte waiver-of-jury-trial | 1. Should a judge recuse ones self from reviewing a motion that is challeging their rulings made during a bench trial? 2. Is it ineffective assistanc… |
| 18-5786 | Donell A. Thomas v. United States | Seventh Circuit | 2018-08-28 | Denied | Response WaivedRelisted (2)IFP | 2255-motion certificate-of-appealability evidentiary-hearing ineffective-assistance ineffective-assistance-of-counsel loss-calculation rule-59(e)-motion rule-59e section-2255-motion sentencing sixth-amendment sixth-amendment-rights strickland-standard strickland-v-washington | Did the Petitioner in his 2255 Motion and Rule 59(e) motion prove his claim that the the Petitioner's trial and appellate counsel's failure to object … |
| 18-5691 | Darryl Jerome Baker v. R. C. Cheatham, Warden | Eleventh Circuit | 2018-08-22 | Denied | IFP | 2241-habeas 2241-motion 2255-motion 5th-amendment constitutional-rights criminal-procedure due-process fifth-amendment savings-clause state-priors title-28 unconstitutional-enhancement | Whether the Petitioners Fifth Amendment Rights are violated by the Eleventh Circuit when it denied Petitioner due process to his Title 28 U.S.C. § 225… |
| 18-5500 | Brian Edward Reynolds v. United States | Eighth Circuit | 2018-08-10 | Denied | Response WaivedIFP | 2255-motion certificate-of-appealability direct-appeal federal-prisoner habeas-corpus ineffective-assistance-of-counsel procedural-framework statute-of-limitations | Whether a certificate of appealability (COA) should have been granted to consider whether a federal prisoner's failure to file a timely amended 2255 m… |
| 18-5488 | Eddie Allen Jackson v. United States | Sixth Circuit | 2018-08-08 | Denied | Response WaivedIFP | 2255-motion due-process habeas-corpus ineffective-assistance-of-counsel judicial-interpretation jurisdiction legal-construction liberal-construction lower-court motion plea-bargaining prejudice pro-se pro-se-pleadings section-2255 standard-of-review | Does the Lower Court violate this Court's directive to liberally construe documents filed pro se when they construe assertion in a §2255 Motion as mer… |
| 18-5263 | Bobby Ree McGee, Jr. v. United States | Eleventh Circuit | 2018-07-19 | Denied | IFP | 2255-motion armed-career-criminal-act burden-of-proof certificate-of-appealability elements-clause johnson-claim residual-clause samuel-johnson section-2255 statutory-maximum violent-felony | Mr. McGee was convicted of possessing a firearm as a convicted felon and sentenced under the Armed Career Criminal Act ("ACCA") to 180 months' impriso… |
| 18-5014 | Marcus Allen v. United States | Eighth Circuit | 2018-06-28 | Denied | Response WaivedIFP | 2255-motion brady-violation certificate-of-appealability civil-rights due-process due-process,equal-protection,brady-violation,2255- equal-protection fourteenth-amendment judicial-integrity petition-for-rehearing plain-error | Did lower court violate petitioner's rights under the Fourteenth Amendment of Equal Protection under the law, when petitioner provided evidence the Go… |