§ 2241

ACCA

Summers v. Feather, No. 3:14-cv-00390-SU (D. Or.)

  • Magistrate Judge’s Findings and Recommendation (July 14, 2015)
    • “Petitioner’s non-generic burglaries do not properly form the basis for ACCA sentencing enhancement. With the residual clause no longer applicable, petitioner has established a sentencing innocence claim (ie. that he is innocent of the ACCA enhanced sentence) and is serving an illegal sentence under the ACCA in violation of the Due Process Clause.”
    • “Petitioner’s sentence should be vacated and this case remanded to the United States District Court for the Western District of Washington for re-sentencing.”
  • Order Adopting Findings and Recommendations (Aug. 5, 2015) (vacating sentence and remanding for resentencing)

Career offender

Oman v. Cross, No. 14-cv-771-DRH (S.D. Ill) (advisory guidelines-sentenced in February 2005)

  • Memorandum and Order (July 07, 2015) (vacating previous order dismissing petition and ordering the government to brief “what impact, if any, does Johnson have on petitioner’s current sentence”)