Tignor v. United States of America (INMATE 3)

Filing 16

ORDER directing counsel for the petitioner to file, on or before 7/13/2009, a memorandum in support of the petitioner's 1 Motion to Vacate/Set Aside/Correct Sentence (2255) as further set out in the order. Signed by Honorable Wallace Capel, Jr. on 5/28/2009. (dmn)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION BERNARDO LEE TIGNOR, Petitioner, v UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) )

Civil Action No. 3:09cv291-WHA (WO)

ORDER
U p o n review of the pleadings filed in this action, the court deems it appropriate to O R D E R counsel for the petitioner to file, on or before July 13, 2009, a memorandum

in support of the petitioner's § 2255 motion addressing the following issues: 1. Whether, in light of Begay v. United States, 553 U.S. ___, 128 S.Ct. 1581 (2008), decided on April 16, 2008, the petitioner's prior conviction for felony DUI in Alabama continues to be classified as a violent felony under 18 U.S.C. § 924(e)(2)(B)? 2. Whether, if the petitioner's prior felony DUI conviction is no longer classified as a violent felony under § 924(e)(2)(B), the declassification should be applied retroactively in this action under 28 U.S.C. § 2255? 3. Whether, if the declassification is applied retroactively, the

petitioner's motion is time-barred under the provisions of 28 U.S.C. § 2255 or otherwise subject to the doctrine of procedural default? 4. Whether the "actual innocence"doctrine applies within the context of challenging a prior conviction used to classify a defendant as an armed career criminal?

Done this 28th day of May, 2009.

/s/Wallace Capel, Jr. WALLACE CAPEL, JR. UNITED STATES MAGISTRATE JUDGE

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