Bass v. True

Filing 10

ORDER GRANTING 1 Petition for Writ of Habeas Corpus filed by Russell D. Bass. See Order for details. The Clerk is DIRECTED to enter judgment in favor of Petitioner Bass. Signed by Judge David R. Herndon on 6/12/17. (lmp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RUSSELL D. BASS,
Petitioner,
vs.

Civil No. 17-cv-255-DRH-CJP

B. TRUE,
Respondent.
MEMORANDUM and ORDER
HERNDON, District Judge:
Now before the Court is petitioner Russell D. Bass’ petition for writ of
habeas corpus under 28 U.S.C. §2241 (Doc. 1).
In May 2002, petitioner was sentenced in the Northern District of Illinois to
300 months imprisonment after pleading guilty to being a felon in possession of a
firearm in violation of 18 U.S.C. § 922(g)(1). United States v. Bass, Case No. 01cr-109 (N.D. Ill.). His sentence was enhanced pursuant to 18 U.S.C. §924(e) (the
Armed Career Criminal Act, or ACCA). One of his predicate convictions was a
1985 Illinois burglary conviction. Relying on Mathis v. United States, –– U.S. ––,
136 S. Ct. 2243 (2016), petitioner now argues that he is entitled to be resentenced
without the ACCA enhancement.
Respondent has filed a response conceding that Bass is entitled to habeas
relief under Mathis.

Further, respondent concedes that Bass is entitled to

immediate release from prison because he has already served more than the
maximum unenhanced sentence for violating 18 U.S.C. § 922(g)(1). See, Doc. 8.
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In view of respondent’s concession, the Court GRANTS the petition for writ
of habeas corpus under 28 U.S.C. §2241 (Doc. 1) and ORDERS the following
relief:
1. Petitioner's armed career criminal enhanced sentence imposed by the
Northern District of Illinois in Case No. 01–cr–109 is VACATED.
2. Bass shall be resentenced forthwith by the Northern District of Illinois.
3. Bass shall be immediately released from the Bureau of Prisons.
4. The Clerk of Court shall enter judgment in favor of petitioner.
5. The Clerk is directed to furnish copies of this Order and the Judgment
to the Bureau of Prisons, the United States Attorney for the Northern
District of Illinois, and to the Clerk of the District Court for the Northern
District of Illinois for filing in Case No. 01–cr–109.
IT IS SO ORDERED.

Judge Herndon
2017.06.12
16:02:53 -05'00'

DATE: June 12, 2017

United States District Judge

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