Supreme Court Grants Cert Petition on Habeas Issue

On January 10, 2022, the Supreme Court granted a certiorari petition in a non-capital drug and firearm case, Kemp v. United States, 21-5726, on the following:

     Federal Rule of Civil Procedure 60(b)(1) authorizes relief from final judgment based on “mistake,” as well as inadvertence, surprise, or excusable neglect.

     The question presented is:

          Whether Rule 60(b)(1) authorizes relief based on a district court’s error of law.

The case below is Kemp v. United States, 857 Fed. Appx 573 (11th Cir. 2021).