Dist. Ct. did not err in denying defendant’s section 2241 habeas petition that challenged his enhanced life sentence under Armed Career Criminal Act (ACCA), where defendant asserted that his prior Minnesota and North Dakota convictions for drug conspiracy and delivery of marijuana, respectively, used to support instant enhancement, did not qualify as predicate felony drug offenses for purposes of ACCA. Record showed that defendant had filed prior unsuccessful section 2255 and section 2241 habeas petitions that did not raise instant claim, and Ct. of Appeals found that defendant could not pursue instant relief under section 2241 via savings clause contained in section 2255(e), since he had been able to raise instant arguments under relevant 8th Circuit case law at time of his original section 2255 petition, where 8th Circuit case law was not squarely against defendant from seeking instant relief.
Federal 7th Circuit Court
Criminal Court
Sentencing