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)

Download PDF
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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?