Voneida v. Johnson, No. 22-1264 (3d Cir. 2023)
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In this case, the appellant, Steven Voneida, a former convict, appealed to the United States Court of Appeals for the Third Circuit, arguing that his conviction for transmitting threatening communications was no longer criminal due to a change in law. His conviction came after a series of threatening MySpace posts he made in 2007, expressing admiration for the Virginia Tech shooter. He was convicted based on the jury's decision that "a reasonable person would interpret his statement as a true threat."
Voneida filed several unsuccessful motions for relief under 28 U.S.C. § 2255. He then filed a petition under 28 U.S.C. § 2241, arguing that the Supreme Court’s decision in Elonis v. United States, 575 U.S. 723 (2015), resulted in a change in law that rendered his conduct no longer criminal.
The Third Circuit initially determined that Voneida’s claim could not proceed under § 2241, but this was reversed. On remand, the District Court rejected Voneida’s claim on the merits. During the pendency of Voneida’s appeal, the Supreme Court decided Jones v. Hendrix, 143 S. Ct. 1857 (2023), which established that the limitations on second or successive motions set forth in 28 U.S.C. § 2255(h) do not make § 2255 “inadequate or ineffective” such that a prisoner must pursue a remedy under § 2241.
As a result of the holding in Jones, the Third Circuit held that Voneida has no recourse under § 2241. The Court vacated the District Court’s Order and remanded with instructions to dismiss for lack of subject-matter jurisdiction.
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