Fernandez v. United States · ¶49

And to be clear: Fernandez is challenging the validity of his conviction, even though he is not asking to have it vacated or set aside. Whether a prisoner's request for relief challenges a conviction turns on the nature of the arguments presented. See, e. g., Gonzalez, 545 U. S., at 531, 533 (holding that only some arguments presented in a Rule 60(b) motion would improperly infringe on § 2254). When a prisoner moves for compassionate release based on a terminal illness, his motion does not suggest that his conviction is invalid. But if a prisoner moves for relief because of alleged problems with the underlying criminal investigation or trial, his motion suggests that his conviction is fawed. That is true here: Fernandez's motion said he “would never commit” murder for hire; questioned whether the District Judge would have reached the same verdict as the jury; urged the court not to…

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