September 3, 2015
Third Circuit panel explains Scylla and Charybdis of habeas law to prisoner John (Odysseus) Doe
Anyone who loves to read about and think a lot about federal post-conviction sentencing review rules — and really, who doesn't? — will want to make sure to preserve some time today to try to consume all of the extraordinary work done yesterday by a Third Circuit panel in US v. Doe, No. 13-4274 (3d Cir. Sept 2, 2015) (available here). The Doe decision runs 50 pages (with a table of contents longer than a page), but the starting quotes and introduction highlight the basics:
“The whole thing was a very cleverly planned jigsaw puzzle, so arranged that every fresh piece of knowledge that came to light made the solution of the whole more difficult.” — Agatha Christie, Murder on the Orient Express.
“It’s like kind of complicated to me” — John Doe, on the withdrawal of his § 2255 motion.
John Doe, whose identity we protect because he is a Government informant, appeals from the denial of (1) a 28 U.S.C. § 2255 motion filed in 2012 and (2) a request made in 2013 to reopen a § 2255 motion filed in 2008. Doe was sentenced pursuant to the then-mandatory Sentencing Guidelines as a “career offender” on the basis of two convictions for simple assault in Pennsylvania. He argued in his 2008 motion that his convictions were not “crimes of violence” within the meaning of the Guidelines and thus he was not a career offender. Our precedent foreclosed that argument when he made it, but, in light of the Supreme Court case Begay v. United States, 553 U.S. 137 (2008), we reversed ourselves, and Doe’s argument became plausible. He therefore filed another § 2255 motion, but it too was denied.
This case presents many procedural complexities of first impression within this Circuit. If Doe can manage the Odyssean twists and turns of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), including the Scylla of the second-or-successive bar and the Charybdis of the statute of limitations, he may find a meritorious claim at the end of his journey. However, we do not definitively reach the merits here and instead remand to let Doe’s case continue its uncertain course.
September 3, 2015 at 10:15 AM | Permalink
This is a truly excellent opinion. At some point SCOTUS will take up one of these and provide clarity on the availability of relief to § 2255 movants who raise Guideline related sentencing errors such as this. Importantly, this case was resolved in the context of a sentence that was imposed when the Guidelines were mandatory.
Posted by: Brandon Sample | Sep 3, 2015 11:06:18 AM
"...preserve some time today..."
Hey good one.
Posted by: Michael Drake | Sep 4, 2015 9:48:02 AM