Krieger v. USA

Filing 28

MEMORANDUM AND ORDER, The Court GRANTS Jennifer Lynn Krieger's § 2255 motion (Doc. 1); VACATES the sentence imposed on February 2, 2009, in Ms. Krieger's criminal case as reflected in the judgment entered on February 10, 2009 (Doc. 159 in Case No. 06-cr-40001-JPG); and DIRECTS the Clerk of Court to enter an amended judgment accordingly. Signed by Judge J. Phil Gilbert on 1/17/2017. (jdh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JENNIFER LYNN KRIEGER,
Petitioner,
v.

Case No. 14-cv-00749 - JPG

UNITED STATES OF AMERICA,
Respondent.
MEMORANDUM AND ORDER
This matter comes before the Court on petitioner Jennifer Lynn Krieger’s Motion to
Vacate, Set aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 1). On June 10, 2015,
this Court denied petitioner’s motion. However, the Court found that the petitioner had made a
substantial showing of the denial of her Fifth Amendment Right to Due Process of Law and her
Sixth Amendment Right to Jury Trial pertaining to her mandatory minimum sentence of 20 years
of incarceration due to “death resulting” and whether the exceptions of Teague v. Lane, 489 U.S.
288 (1989) apply to sentencing in which Alleyne v. United States, 133 S.Ct. 2151 (2013) and
Burrage v. United States, 134 S.Ct 881 (2014) could be applied to petitioner. As such, a
certificate of appealability was granted. (Doc. 14).
Petitioner appealed and on November 22, 2016, the United States Court of Appeals for
the Seventh Circuit held that Burrage applied to petitioner’s sentence and remanded for de novo
resentencing. Krieger v. United States, 15-2481 (7th Cir. November 22, 2016).

Therefore, per the Order of United States Court of Appeals for the Seventh Circuit, the
Court:
•

GRANTS Jennifer Lynn Krieger’s § 2255 motion (Doc. 1);

•

VACATES the sentence imposed on February 2, 2009, in Ms. Krieger’s criminal case as
reflected in the judgment entered on February 10, 2009 (Doc. 159 in Case No. 06-cr40001-JPG); and

•

DIRECTS the Clerk of Court to enter an amended judgment accordingly.

IT IS SO ORDERED.
DATED: 1/17/2017
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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