Dist. Ct. did not err in dismissing defendant’s section 2241 habeas petition that challenged his 44-year sentence on charge under 18 USC section 844(i) of detonating pipe bomb, where Dist. Ct. had imposed instant enhanced sentence based on its finding under preponderance of evidence that pipe bomb had actually caused death of bystander. Ct. of Appeals rejected defendant’s claim that, under Burrage, 134 S.Ct. 881, jury, as opposed to Dist. Ct., was required to make finding as to cause of bystander’s death and instead found that Burrage stands only for proposition that enhanced sentence is proper only if there was finding that detonation of pipe bomb was “but-for” cause of bystander’s death and not merely contributing factor to it. Ct. further held that: (1) defendant could not use instant section 2241 petition to challenge his sentence, since he could have asserted in his direct appeal or in his original section 2255 habeas petition that pipe bomb was not but-for cause of bystander’s death; and (2) defendant could not show existence of any miscarriage of justice arising out of his sentence, since unrebutted testimony at trial indicated that pipe bomb was but-for cause of bystander’s death.
Federal 7th Circuit Court
Criminal Court
Sentencing