Habeas Petition- “Saving Clause”

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7^th Circuit Court of Appeals

Case Name: Samuel Hogsett v. Thomas Lillard

Case No.: 22-2182

Officials: Rovner, Hamilton, and St. Eve, Circuit Judges.

Focus: Habeas Petition- “Saving Clause”

In 2007, Hogsett was found guilty of various crimes, including the possession of a firearm as a felon, as defined by 18 U.S.C. 922(g)(1). The court determined that Hogsett qualified as an armed career criminal due to his three prior convictions for violent felonies, and he was subsequently sentenced to a term of 295 months. However, in 2021, the Supreme Court (Borden) redefined the concept of a “violent felony” in 924(e) to exclude offenses that can be committed with a mens rea of recklessness. Hogsett sought to challenge his sentence based on the Borden decision.

To challenge a conviction or sentence, a federal prisoner typically files a motion under 28 U.S.C. 2255, rather than a habeas petition under 28 U.S.C. 2241. In 2010, Hogsett had already filed a 2255 motion. Under normal circumstances, a prisoner can only file another 2255 motion in two situations: if they have newly discovered evidence that proves their innocence, or if there is a new constitutional rule that is retroactively applicable to cases under review by the Supreme Court. Hogsett argued that he qualified to file under 2255(e), also known as the “saving clause,” which comes into effect when “the remedy provided by motion is inadequate or ineffective to test the legality of his detention.”

However, the Seventh Circuit dismissed Hogsett’s petition on grounds of lacking jurisdiction. The court referred to the Supreme Court’s decision in Jones, which stated that “the inability of a prisoner with a statutory claim to meet” the requirements of 2255(h) does not entitle them to bring their claim through a habeas petition under the saving clause; in fact, they are unable to bring the claim at all. It is important to note that the Borden decision primarily revolves around statutory interpretation.

Vacated and remanded

Decided 07/07/23

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