Stoldorf v. Werlich

Filing 12

ORDER GRANTING re 1 Petition for Writ of Habeas Corpus filed by Jesse A. Stoldorf. Petitioner's armed career criminal enhanced sentence is VACATED; petitioner shall be resentenced by the Central District of Illinois; petitioner shall be IMME DIATELY RELEASED from the Bureau of Prisons; the Clerk is DIRECTED to enter judgment in favor of petitioner; the Clerk is DIRECTED to furnish copies of this Order and Judgment to the Bureau of Prisons, the United States Attorney for the Central District of Illinois, and to the Clerk of the District Court for the Central District of Illinois for filing in Case No. 04-cr-20048. Signed by Judge David R. Herndon on 12/4/2017. (kmb2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JESSE A. STOLDORF,
Petitioner,
v.

No. 3:17-cv-00945-DRH-CJP

T. G. WERLICH,
Respondent.
MEMORANDUM and ORDER
HERNDON, District Judge:
Now before the Court is Jesse A. Stoldorf’s petition for writ of habeas
corpus under 28 U.S.C. §2241 (Doc. 1).
In July 2005, petitioner was sentenced in the Central District of Illinois to
264 months imprisonment after being convicted of being a felon in possession of
a firearm in violation of 18 U.S.C. § 922(g)(1). United States v. Stoldorf, No. 04cr-20048-MPM-DGB (C.D. Ill.). His sentence was enhanced pursuant to 18 U.S.C.
§924(e) (the Armed Career Criminal Act, or ACCA). The enhancement was based
in part on two convictions for Montana burglary. 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 Stoldorf is entitled to
habeas relief under Mathis.

Further, respondent concedes that Stoldorf 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. 10.
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
Central District of Illinois in Case No. 04–cr–20048 is VACATED.
2. Stoldorf shall be resentenced forthwith by the Central District of Illinois.
3. Stoldorf shall be immediately released from the Bureau of Prisons.
4. The Clerk of Court is DIRECTED to 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
Central District of Illinois, and to the Clerk of the District Court for the
Central District of Illinois for filing in Case No. 04–cr-20048.
IT IS SO ORDERED.
Signed this 4th day of December, 2017.

Judge Herndon
2017.12.04
13:22:50 -06'00'
UNITED STATES DISTRICT COURT