Hilliard v. United States

Background

Rosheen Hilliard, who was incarcerated at Fort Dix Correctional Institution in New Jersey, filed a document titled “Judicial Notice” without a lawyer. He challenged the court’s jurisdiction over him and asserted that he had been denied due process.

Hilliard had been convicted of conspiracy to distribute 100 grams or more of heroin and sentenced to 108 months in prison. The Second Circuit affirmed his conviction on December 6, 2019, in a prior related proceeding.

How the court characterized the filing

The court construed, meaning formally treated, Hilliard’s filing as a motion for relief under 28 U.S.C. § 2255. Section 2255 is the procedure generally used by a federal prisoner to challenge the validity of a conviction or sentence. The court explained that a jurisdictional challenge affecting the conviction or sentence belongs in a § 2255 motion, regardless of the document’s title.

The court gave Hilliard 60 days to notify the court in writing if he did not want to proceed under § 2255 and wished to withdraw the motion. If he did not provide that notice, the filing would remain designated as a § 2255 motion. The court stated that it would then direct the U.S. Attorney’s Office to file an answer or other response. No response was required at that time.

Rulings

The court ruled that Hilliard’s filing should be construed as a motion under 28 U.S.C. § 2255. This order did not decide the merits of his jurisdiction or due-process claims.

The court also ruled that a certificate of appealability would not issue because Hilliard had not made a substantial showing that a constitutional right had been denied. It further certified that an appeal from the order would not be taken in good faith and denied permission to appeal without paying filing fees.