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Persaud v. United States

Supreme Court of the United States
Jan 27, 2014
571 U.S. 1172 (2014)
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Summary

vacating a Fourth Circuit opinion that affirmed a Western District of North Carolina decision

Summary of this case from Sawyers v. Thomas
See 24 Summaries

Opinion

No. 13–6435.

01-27-2014

Ian Andre PERSAUD, petitioner, v. UNITED STATES.

On petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit. Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of the position asserted by the Solicitor General in his brief for the United States filed on December 20, 2013.

Summaries of

Persaud v. United States

Supreme Court of the United States
Jan 27, 2014
571 U.S. 1172 (2014)

vacating a Fourth Circuit opinion that affirmed a Western District of North Carolina decision

Summary of this case from Sawyers v. Thomas

In Persaud, the Supreme Court entered a grant, vacate, and remand (GVR) order for reconsideration by the Fourth Circuit in light of the Solicitor General's brief. 134 S. Ct. at 1023.

Summary of this case from Logan v. Warden Fed. Corr. Complex Beaumont

In Persaud, the Supreme Court remanded Andre Persaud's case to the Fourth Circuit to reconsider the denial of his § 2241 motion.

Summary of this case from Faraz v. United States

In Persaud, the Supreme Court agreed to remand that case for further consideration only because the Solicitor General flatly conceded the petitioner's argument that a challenge to a sentence may be pursued under the savings clause of § 2255(e).

Summary of this case from Gutierrez v. Ormond

In Persaud, the defendant sought to challenge a sentencing enhancement in a § 2241 petition and the savings clause of § 2255.

Summary of this case from Morales v. Spaulding

In Persaud, the Solicitor General of the United States filed a brief in which he conceded that the "petitioner is entitled to challenge the sentencing error [in this case] by way of a petition for a writ of habeas corpus under 28 U.S.C. § 2241."

Summary of this case from Clark v. Coakley

In Persaud, the Supreme Court granted a petition for a writ of certiorari, vacated the judgment of the Fourth Circuit, and remanded "for further consideration in light of the position asserted by the Solicitor General in his brief for the United States...."

Summary of this case from Sterling v. Ebbert

dealing with a mandatory-minimum life sentence

Summary of this case from Hawkins v. Bennettsville

In Persaud, the Supreme Court granted certiorari, vacated the judgment of the 4th Circuit Court of Appeals, and remanded the case for further consideration in light of the position advocated in the brief of the U.S. Solicitor General. The summary order did not set forth any substantive holding, much less a holding to be applied retroactively in collateral proceedings.

Summary of this case from Reed v. Matevousian

In Persaud, the district court denied petitioner relief under § 2255 and § 2241 and the Fourth Circuit affirmed. Persaud v. United States, No. 3:12cv509, No. 3:01cr36-7, 2012 U.S. Dist. LEXIS 167250, at *7, 2012 WL 5902557, at *3 (W.D.N.C. Nov. 26, 2012); United States v. Persaud, 517 F. App'x 137 (4th Cir. 2013).

Summary of this case from Jackson v. Zych

In Persaud, the Supreme Court agreed to remand the case only because the Solicitor General flatly conceded the petitioner's argument that a challenge to a sentence may be pursued under the savings clause of § 2255(e).

Summary of this case from Foster v. Holland

remanding claims brought pursuant to § 2255 and § 2241 to the Fourth Circuit for further consideration of the Government's argument in favor of relief under United States v. Simmons, 649 F.3d 237 (4th Cir. 2011) (holding that a district court must look to whether a particular defendant could receive more than one year in prison based upon his offense class and prior record level to determine whether a North Carolina conviction may serve as a predicate offense for purposes of sentence enhancement)

Summary of this case from Kirk v. Meeks

In Persaud, the petitioner filed a § 2255 motion and argued that his two prior felony drug convictions no longer qualified as proper predicate felonies based on the Fourth Circuit's decision in United States v. Simmons, 649 F.3d 237 (4th Cir. 2011).

Summary of this case from Stark v. Andrews

In Persaud, the United States contended in its brief to the Supreme Court that the lower courts erred in holding that the savings clause is never available for sentencing-related claims.

Summary of this case from Simpson v. Warden

In Persaud, the trial court denied Persaud relief on his § 2241 petition, holding that the savings clause of § 2255(e) does not permit him to seek relief under § 2241 purely because he had challenged his sentence rather than his conviction.

Summary of this case from Davis v. Butler

In Persaud, petitioner's enhanced sentence was based on two pre-Simmons North Carolina convictions, which, under Simmons, could no longer be classified as felony drug offenses sufficient to impose an enhanced sentence.

Summary of this case from Hairston v. Wilson

In Persaud, the trial court denied Persaud relief on his § 2241 petition, holding that the savings clause of § 2255(e) does not permit him to seek relief under § 2241 purely because he had challenged his sentence rather than his conviction.

Summary of this case from Bennett v. Snyder

In Persaud, the trial court denied the petitioner's § 2241 petition, holding that the savings clause of § 2255(e) did not permit relief under § 2241 purely because he had challenged his sentence rather than his conviction.

Summary of this case from Boyd v. Quintana

In Persaud, the Court remanded a petitioner's motion under § 2255 and alternative claims for relief under § 2241 to the Fourth Circuit for "further consideration in light of the position asserted by the Solicitor General in his brief for the United States."

Summary of this case from Hurd v. Warden

In Persaud, the Court did not issue a decision on the merits, but instead granted certiorari, vacated a decision by the Fourth Circuit, and remanded for further consideration in light of the Solicitor General's brief.

Summary of this case from Donnell v. Rivera

In Persaud, the Supreme Court granted the Government's request for a GVR order, thereby granting certification, vacating the judgment, and remanding for further proceedings without further discussion.

Summary of this case from McCleave v. Shartle

In Persaud, the petitioner received a mandatory sentence of life imprisonment under 21 U.S.C. § 841(b)(1)(A)(iii) because he had two prior offenses that were considered "felony drug offenses."

Summary of this case from Bramwell v. Perdue

In Persaud, a prisoner sought to collaterally challenge his sentence, claiming that the sentencing court's determination of his prior criminal history was incorrect under new circuit precedent, and that this erroneously led to a higher mandatory minimum sentence.

Summary of this case from Rodriguez v. Thomas

In Persaud, as in the instant case, the petitioner ("Persaud") sought to use the 2255(e) Savings Clause to allow the district court to address his petition under Section 2241. Persaud, as is true of Petitioner, based his argument on the theory that the Fourth Circuit's ruling in Simmons was made retroactive by Miller v. United States, 735 F.3d 141 (2013).

Summary of this case from Livingston v. United States
Case details for

Persaud v. United States

Case Details

Full title:Ian Andre PERSAUD, petitioner, v. UNITED STATES.

Court:Supreme Court of the United States

Date published: Jan 27, 2014

Citations

571 U.S. 1172 (2014)
134 S. Ct. 1023
188 L. Ed. 2d 117
82 U.S.L.W. 3446

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