236
OCTOBER TERM, 1997
Syllabus
certiorari to the united states court of appeals for the eighth circuit
No. 96-8986. Argued March 3, 1998—Decided June 15, 1998
Petitioner Hohn filed a motion under 28 U. S. C. § 2255 to vacate his conviction for "use" of a firearm during a drug trafficking offense, 18 U. S. C. § 924(c)(1), claiming the evidence was insufficient to prove such "use" under this Court's intervening decision in Bailey v. United States, 516 U. S. 137. While the motion was pending, Congress enacted the Anti-terrorism and Effective Death Penalty Act of 1996, § 102 of which amends the statutory provision which had required state prisoners to obtain a certificate of probable cause before appealing the denial of a habeas petition. The amended provision specifies, inter alia, that an appeal may not be taken to a court of appeals from the final order in a § 2255 proceeding, § 2253(c)(1)(B), unless a circuit justice or judge issues a certificate of appealability, § 2253(c)(1), upon a substantial showing of the denial of a constitutional right, § 2253(c)(2). The District Court denied Hohn's motion, and he filed a notice of appeal, which the Eighth Circuit treated as an application for a certificate of appealability. A three-judge panel declined to issue a certificate, ruling that Hohn did not satisfy § 2253(c)(2). In the panel's view, Bailey simply interpreted § 924(c)(1), and a district court's incorrect application of a statute does not violate the Constitution. Hohn then petitioned for review of the certificate denial under 28 U. S. C. § 1254(1), which provides in relevant part that "[c]ases in the courts of appeals may be reviewed by the Supreme Court" "[b]y writ of certiorari." The Government now says that Hohn's claim was, in fact, constitutional in nature and asks the Court to vacate the judgment and remand so the Eighth Circuit can reconsider in light of this concession. Since both parties argue that this Court has jurisdiction, an amicus curiae was appointed to argue the contrary position.
Held: This Court has jurisdiction under § 1254(1) to review denials of applications for certificates of appealability by a circuit judge or a court of appeals panel. Hohn's certificate application is a "case in" the Court of Appeals under § 1254(1) because the word "case," as used in a statute, means a court proceeding, suit, or action, Blyew v. United States, 13 Wall. 581, 595; the dispute here is a proceeding seeking relief for an immediate and redressable injury, i. e., wrongful detention in violation of the Constitution; and there is adversity as well as the other requisite
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