SCOTUS finally grants cert to clarify paths of federal collateral review based on 2241 (and savings clause of 2255)

The Supreme Court this morning issued an order list with lots of cert denials, but one cert grant that ought to interest sentencing fans.  Specifically, the Justices took up Jones v. Hendrix, No. 21-847, which concern the availability of collateral review by federal prisoners in federal courts.  Here is how SCOTUSblog briefly describes the issue in this case:

Whether federal inmates who did not — because established circuit precedent stood firmly against them — challenge their convictions on the ground that the statute of conviction did not criminalize their activity may apply for habeas relief under 28 U.S.C § 2241 after the Supreme Court later makes clear in a retroactively applicable decision that the circuit precedent was wrong and that they are legally innocent of the crime of conviction.

A review of the cert petition shows that Marcus DeAngelo Jones was sentenced to over 27 years in federal prison on gun charges back in 2000 and now wants to be able to press a claim based on Rehaif. Here is how this petition sets forth the question presented:

Under 28 U.S.C. § 2255, federal inmates can collaterally challenge their convictions on any ground cognizable on collateral review, with successive attacks limited to certain claims that indicate factual innocence or that rely on constitutional-law decisions made retroactive by this Court. 28 U.S.C. § 2255(h).  28 U.S.C. § 2255(e), however, also allows inmates to collaterally challenge their convictions outside this process through a traditional habeas action under 28 U.S.C. § 2241 whenever it “appears that the remedy by [§ 2255] motion is inadequate or ineffective to test the legality of [their] detention.”

The question presented is whether federal inmates who did not — because established circuit precedent stood firmly against them — challenge their convictions on the ground that the statute of conviction did not criminalize their activity may apply for habeas relief under § 2241 after this Court later makes clear in a retroactively applicable decision that the circuit precedent was wrong and that they are legally innocent of the crime of conviction.

The cert petition goes on to note that federal courts and commentators have been urging SCOTUS to take up this issue for many years because of the deep split in circuit jurisprudence.