20-6719·POSTCONVICTION

Patrick Marlowe v. Warden, FCI Hazelton

Affirmed

Status

Scheduled
Argued
Opinion Issued (current)

Question Presented

Whether Sixth Circuit's actual innocence requirement for § 2255(e) savings clause is substantive law applicable to § 2241 petitioner convicted in that circuit; other issues.

Argument Date

March 10, 2021

Panel

Lower Court Judge

Bailey

Panel

Judge Niemeyer

Judge Motz

Judge Rushing

Citation

CasePatrick Marlowe v. Warden, FCI Hazelton, No. 20-6719 (4th Cir. July 27, 2021)

PanelNiemeyer, Motz & Rushing, JJ.

Arguing Counsel

Jon Gordon

per CA4 audio archive

Jenny Lee

per CA4 audio archive

Panel That Day

4 of 4 cases argued March 10, 2021 before this panel have been decided.

Decided

20-1552

Michael Livingston v. SC Dept. of Social Services

Opinion Issued

Authored by Per Curiam

20-4104

United States v. David Garcia

Opinion Issued

Authored by Per Curiam

20-6719· This case

Patrick Marlowe v. Warden, FCI Hazelton

Opinion Issued

Authored by Judge Rushing

20-7350

United States v. Anthony High

Opinion Issued

Authored by Judge Niemeyer

Opinions

Majority
by Rushing
July 27, 2021
Read opinion ↗

Disposition

Affirmed

July 27, 2021