Baccam v. Werlich

Filing 17

MEMORANDUM AND OPINION. The petition for writ of habeas corpus under 28 U.S.C. §2241 (Doc. 1) is granted. The Clerk of Court shall enter judgment in favor of petitioner. Signed by Magistrate Judge Clifford J. Proud on 9/6/2018. (jmt)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ANDY R. BACCAM,
Reg. No. 10647-041

)
)
)
)
)
)
)
)
)
)

Petitioner,
vs.
T. G. WERLICH,
Respondent.

Civil No. 18-cv-1150-CJP 1

MEMORANDUM and ORDER
PROUD, Magistrate Judge:
Now before the Court is Andy R. Baccam’s petition for writ of habeas
corpus under 28 U.S.C. §2241 (Doc. 1). Respondent concedes the merits of the
petition. See, Doc. 15.
In April 2003, petitioner was sentenced in the District of Minnesota to a
total term of 248 months imprisonment after pleading guilty to one count of
possession with intent to distribute methamphetamine and one count of
possession of a firearm during a drug trafficking crime. See, Judgment, United
States v. Baccam, Case No. 02-cr-00320-JRT-FLN(1), attached to Doc. 15 as
Exhibit 1. Baccam was sentenced as a career offender pursuant to U.S.S.G. §§
4B1.1 and 4B1.2. The enhancement was based on two convictions for Terroristic
Threats in violation of Minnesota law.
Relying on Mathis v. United States, –– U.S. ––, 136 S. Ct. 2243 (2016),
1

This case was assigned to the undersigned for final disposition upon consent of the parties pursuant to 28 U.S.C.
§636(c). See, Doc. 10.

1

petitioner argues that he is entitled to be resentenced without the career offender
enhancement because his Minnesota convictions no longer qualify as crimes of
violence.
Respondent has filed a response conceding that Baccam is entitled to
habeas relief under Mathis.
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. The sentence imposed upon Andy R. Baccam by the District of
Minnesota in Case No. 02-cr-00320-JRT-FLN(1) is VACATED.
2. Baccam shall be resentenced forthwith by the District of Minnesota.
3. The Clerk of Court shall enter judgment in favor of petitioner.
4. The Clerk of Court is directed to furnish copies of this Order and the
Judgment entered in this case to the Bureau of Prisons, the United
States Attorney for the District of Minnesota, and the Clerk of the
District Court for the District of Minnesota for filing in Case No. 02-cr00320-JRT-FLN(1).
IT IS SO ORDERED.
DATE: September 6, 2018.

s/ Clifford J. Proud
CLIFFORD J. PROUD
UNITED STATES MAGISTRATE JUDGE

2