Gregg v. United States

Background

James Allen Gregg filed a petition under 28 U.S.C. § 2241, a statute that allows a person in federal custody to challenge certain aspects of detention. The case was stayed, meaning the court paused it, while the United States Supreme Court considered Jones v. Hendrix. The district court stated that the Supreme Court’s decision could affect whether Gregg’s claims could be considered in this proceeding.

Among other claims, Gregg argued that his second-degree murder conviction did not qualify as a crime of violence under later legal developments. While the case was stayed, he filed a document citing Oklahoma v. Castro-Huerta. He argued that the decision called into question the legitimacy of his conviction under the Fifth Amendment and argued that his indictment did not validly state an offense under the Indian General Crimes Act. He also asked the court to appoint counsel and indicated that he might file a separate § 2241 proceeding concerning the Bureau of Prisons’ alleged failure to implement his halfway-house placement under its guidelines.

Ruling

The court denied Gregg’s motion. It stated that Gregg had not asked to amend his petition to add a claim based on Castro-Huerta, so the court did not treat the filing as a motion to amend, and that claim was not part of this proceeding. The court denied the request for appointment of counsel without prejudice at that time because the case was stayed and Gregg tied the request to a Castro-Huerta claim he indicated he might pursue in a separate habeas case. The court explained that Gregg could ask for counsel in a separate proceeding and could renew a request for counsel in this matter after the stay was lifted. Judge Katherine Menendez did not decide the merits of Gregg’s underlying habeas claims in this order.