Hill v. Werlinger

Dist. Ct. did not err in denying defendant's habeas petition under 28 USC section 2241 in which defendant challenged his sentence for drug and firearm offenses where said sentence was enhanced under Armed Career Criminal Act (ACCA). Record showed that defendant had filed prior unsuccessful section 2255 habeas petition, and defendant could not proceed with instant section 2241 petition where he failed to show that sentencing remedy was unavailable to him under section 2255. Moreover, any lack of certainty as to legal basis supporting his sentencing challenge did not preclude defendant from bringing instant claim in his prior section 2255 petition. Alternatively, instant habeas petition was without merit since defendant's prior state conviction for aggravated battery under circumstances where defendant committed simple battery in public place constituted violent felony under ACCA.