Beason v. Marske

Dist. Ct. erred in denying defendant’s section 2241 petition challenging his 15-year sentence under Armed Career Criminal Act (ACCA) based on his prior Wisconsin convictions for armed robbery (as juvenile) and two drug offenses that carried sentences of 10 and 12.5 years. Record showed that: (1) defendant’s sentence was affirmed on direct appeal, even though he asserted, in part, that he did not qualify for ACCA treatment, since his prior drug convictions did not qualify as serious drug offenses; and (2) his sentence was affirmed in his section 2255 petition. However, both parties now concede that none of defendant’s prior convictions qualify for treatment under ACCA under Spencer, 739 F.3d 1027, and Mathis, 136 S.Ct. 2243. Moreover, Dist. Ct. erred in finding that defendant could not seek relief under section 2241 because he could have raised instant sentencing issue in prior section 2255 petition, where Ct. of Appeals noted that it would have been futile to do so given fact that it had rejected same sentencing issue in defendant’s direct appeal. Fact that Spencer opinion was issued while defendant’s section 2255 petition was still pending did not require different result, where defendant had not raised instant sentencing issue with respect to his prior drug convictions in his section 2255 petition.