Fernandez v. United States · ¶46

Fernandez insists that because § 2255 and § 3582 offer different forms of relief, the structural inference from Preiser and Gonzalez does not apply. Under § 2255, a court could set aside Fernandez's conviction as if it never happened. But Fernandez is not going for that—at least not in this round. Now, he seeks the more modest relief permitted by § 3582: a reduced sentence. If he succeeds, he would leave prison early, but his murder-for-hire conviction—along with its collateral effects—would remain in place. That distinction, he says, means that he is not circumventing § 2255, but rather proceeding on an entirely different track. See also post, at 442–443 (Jackson, J., dissenting).

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