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- ilcd;;1:16-cv-01263_de51 RegisterActionDate "2016-07-20" @default.
- ilcd;;1:16-cv-01263_de51 RegisterActionDescriptionText "TEXT ORDER Entered by Judge Richard Mills on 7/20/16. Petitioner 1A3E9A2 filed a petition for writ of habeas corpus under Title 28, United States Code Section 2241 in the Southern District of Illinois. The case was recently transferred to the Central District of Illinois and is now before the Court. In this habeas corpus petition, the Petitioner alleges he should not have been designated as a career offender under the sentencing guidelines because his prior conviction for attempted arson does not qualify as a crime of violence in light of Begay v. United States, 553 U.S. 137 (2008). This case is related to a motion under Title 28, United States Code Section 2255, filed by the Petitioner and pending in this Court. See Case Number 16-3203. Pursuant to the Court's administrative order regarding section 2255 motions based on Johnson v. United States, 135 S. Ct. 2551 (2015), the Court appoints the Federal Public Defender to represent Petitioner 1A3E9A2 to determine whether he may be entitled to post-conviction relief. In addition, the Court STAYS this action pending the Seventh Circuit's determination of what effect, if any, Johnson has on the Career Offender guideline. See e.g., United States v. Gillespie, No. 14-3611 (7th Cir.). The Federal Defender is DIRECTED to submit a status report 90 days from the date of this Order and every 90 days thereafter, regarding the Court of Appeals' resolution of the Johnson-guidelines issue. (SW, ilcd) (Entered: 07/20/2016)" @default.
- ilcd;;1:16-cv-01263_de51 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01263_de51 hasJudgeReference SJ001508 @default.