Fernandez v. United States · ¶115

So, how, exactly, does the District Court's “extraordinary and compelling” finding qualify as a collateral attack on Fernandez's conviction for § 2255 purposes, as the majority maintains? See ante, at 427. The District Court did not find, for instance, that Fernandez should be released from prison because his sentence or conviction was unconstitutional or otherwise unlawful. Rather, the District Court considered whether Fernandez might actually be innocent— something we have never recognized as a potential ground for habeas relief. See McQuiggen, 569 U. S., at 392. It is hard to see why this consideration actually creates the end- run around habeas the majority fears.

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