Walker v. United States

Brief of FAMM and the National Association of Criminal Defense Lawyers as Amici Curiae in Support of Petitioner (on petition for a writ of certiorari)

Brief filed: 04/15/2019


Walker v. United States

United States Supreme Court; Case No. 18-8125

Prior Decision

Decision below 900 F.3d 1012 (8th Cir. Aug. 20, 2018)


The question that has divided the circuits is of critical importance to thousands of federal prisoners. The decision below gravely misreads the federal post-conviction relief statute. The Eighth Circuit’s rule contradicts the plain text of § 2244. The Eighth Circuit’s rule leads to arbitrary results. The severity of the consequences to petitioner and many others similarly situated – and the disutility of their sentences to society – underline the urgency of granting review.


Brian P. Goldman, Orrick, Herrington & Sutcliffe LLP, San Francisco, CA; Benjamin F. Aiken, Orrick, Herrington & Sutcliffe LLP, Washington, DC; Mary Price, FAMM, Washington, DC; Jeffrey T. Green, NACDL, Washington, DC.

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