ILNews

7th Circuit affirms man not entitled to habeas relief

Back to TopCommentsE-mailPrintBookmark and Share

Although a federal judge erroneously held that a savings clause did not apply to a habeas petition filed by an inmate in Terre Haute, the 7th Circuit Court of Appeals affirmed the dismissal based on the merits of the petition.  

Augustus Light, who was convicted in Minnesota of one count of firearm possession by a felon in 2003, challenged his sentence enhancement based on the Armed Career Criminal Act. His presentence report outlined several convictions that qualified under the Act to justify enhancing his sentence from a range of 120 to 150 months to 235 to 293 months. When he was sentenced to 235 months, the judge did not specify which three convictions supported finding Light was an armed career criminal.

He filed a direct appeal and challenged the enhancement in a Section 2255 petition in Minnesota. His appeals failed in that state, so he filed a pro se habeas petition under Section 2241 in federal court in Indiana, where he is incarcerated. He relied on the “savings clause” of Section 2255(e) and argued that in light of Begay v. United States, 553 U.S. 137, 139, 143 (2008), he was entitled to a sentence reduction because one of his predicate ACCA convictions did not qualify as a “violent felony.”

Judge Jane Magnus-Stinson dismissed the petition on the grounds that relief under Section 2255 had been available to Light and had not been “inadequate or ineffective to test the legality of his detention,” so he did not qualify for the savings clause.

The 7th Circuit, using a test outlined in In Re Davenport, 147 F.3d 605, 609 (7th Circ. 1998), found that Light did in fact qualify for the savings clause. That case allows for a Section 2241 challenge based on a new statutory interpretation by the U.S. Supreme Court as long as three conditions are satisfied.

The District Court never adjudicated Light’s Section 2241 claim on the merits, but the panel’s consideration of the merits in Augustus Light v. John F. Caraway, Warden, 13-1554, led it to conclude that Light is not eligible for relief.

“Through intervening changes in the law, one of his prior predicate offenses for the ACCA enhancement no longer qualifies,” Judge John Tinder wrote, referring to the conviction of vehicular operation. “… but one that was not previously a qualifying predicate offense has become eligible. The net change is zero. Light is still eligible for the ACCA enhancement.”

Light was convicted of felony fleeing a peace officer in a motor vehicle, which under Sykes v. United States, 131 S. Ct. 2267, 2270 (2011), is now considered a violent felony as the term is used by the ACCA.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

ADVERTISEMENT