Page:Jones v. Hendrix.pdf/7

2 The question presented is whether that limitation on second or successive motions makes §2255 “inadequate or ineffective” such that the prisoner may proceed with his statutory claim under §2241. We hold that it does not.

In 2000, the U. S. District Court for the Western District of Missouri convicted petitioner Marcus DeAngelo Jones of two counts of unlawful possession of a firearm by a felon, in violation of 18 U. S. C. §922(g)(1), and one count of making false statements to acquire a firearm, in violation of §922(a)(6). The Court of Appeals for the Eighth Circuit affirmed his convictions and sentence of 327 months’ imprisonment. See United States v. Jones, 266 F. 3d 804 (2001). After losing his appeal, Jones filed a timely §2255 motion to vacate, set aside, or correct his sentence, which resulted in the vacatur of one of his concurrent §922(g) sentences but no other relief. See United States v. Jones, 403 F. 3d 604 (CA8 2005); United States v. Jones, 185 Fed. Appx. 541 (CA8 2006) (per curiam).

Years later, in Rehaif v. United States, 588 U. S. ___ (2019), this Court held that a defendant’s knowledge of the status that disqualifies him from owning a firearm is an element of a §922(g) conviction. In doing so, it abrogated the Eighth Circuit’s contrary precedent, which the Western District of Missouri and the Eighth Circuit had applied in Jones’ trial and direct appeal. See Jones, 266 F. 3d, at 810, n. 5.

After Rehaif, Jones hoped to leverage its holding into a new collateral attack on his remaining §922(g) conviction. But Rehaif’s statutory holding satisfied neither of §2255(h)’s gateway conditions for a second or successive §2255 motion: It was neither “newly discovered evidence,” §2255(h)(1), nor “a new rule of constitutional law,” §2255(h)(2) (emphasis added). Unable to file a new §2255 motion in his sentencing court, Jones instead looked to