STIDHAM v. UNITED STATES OF AMERICA

Filing 9

ENTRY Dismissing Action - Stidham has sought relief pursuant to 28 U.S.C. § 2241 under circumstances which do not permit or justify the use of that remedy. His petition for a writ of habeas corpus is denied. Judgment consistent with this Entry shall now issue. **SEE ENTRY** Copy to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 1/26/2015. (AH)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION

FREDERICK WILLIAM STIDHAM,

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Petitioner,
vs.
WARDEN, FCI – Terre Haute,
Respondent.

No. 2:14-cv-00296-JMS-WGH

Entry Dismissing Action and Directing Entry of Final Judgment
I.
Habeas petitioner Stidham is a federal prisoner currently incarcerated at the Federal
Correctional Complex at Terrre Haute, Indiana. Stidham is serving a term of imprisonment of 235
months imposed by the United States District Court for the District of Wyoming pursuant to
Stidham’s conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. §§
922(g)(1) and 924(e). He was sentenced as an armed career criminal (“ACCA”).
Stidham seeks habeas corpus relief pursuant to 28 U.S.C. § 2241 based on his claim that
the ACCA enhancement was unwarranted.
A “federal prisoner should be permitted to seek habeas corpus only if he had no reasonable
opportunity to obtain earlier judicial correction of a fundamental defect in his conviction or
sentence because the law changed after his first § 28 U.S.C. § 2255 motion.” Hill v. Werlington,
695 F.3d 644, 648 (7th Cir. 2012); see also In re: Davenport, 147 F.3d 605, 611 (7th Cir. 1998).

Stidham has not made such a showing. Moreover, he has not established that his prior criminal
history would not expose him to an ACCA enhanced sentence.
Stidham has sought relief pursuant to 28 U.S.C. § 2241 under circumstances which do not
permit or justify the use of that remedy. His petition for a writ of habeas corpus is denied.
II.
Judgment consistent with this Entry shall now issue.
IT IS SO ORDERED.
Date: January 26, 2015

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution:
Electronically Registered Counsel
FREDERICK WILLIAM STIDHAM, JR.
12273-091
TERRE HAUTE FEDERAL CORRECTIONAL INSTITUTION
Inmate Mail/Parcels
P.O. BOX 33
TERRE HAUTE, IN 47808