Filing 40

ENTRY Discussing Petition for Writ of Habeas Corpus - The parties' Stipulation Dkt. 36 is approved. Judgment consistent with this Entry shall now issue (SEE ENTRY). Signed by Judge Jane Magnus-Stinson on 7/27/2017.(DW)

Download PDF
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA TERRE HAUTE DIVISION JAMES A. FAULKNER, Petitioner, v. J.F. CARAWAY, Warden, Respondent. ) ) ) ) ) ) ) ) ) No. 2:15-cv-00042-JMS-DKL Entry Discussing Petition for Writ of Habeas Corpus James Antoine Faulkner seeks a writ of habeas corpus with respect to his conviction entered in the United States District Court for the Southern District of Iowa in No. 3:08-cr-00074. The essence of his claim is that his life sentence was improper under Burrage v. United States, 134 S. Ct. 881, 892 (2014), because the jury did not find that use of the heroin distributed as part of the conspiracy was an independently sufficient cause of the third party’s death. The parties’ Stipulation filed on May 23, 2017 culminates with the following agreement: “that the death results enhancement of Petitioner Faulkner’s sentence on count one is improper under Burrage. Petitioner Faulkner is entitled to issuance of a writ of habeas corpus under § 2241 as to his sentence of life imprisonment on count one of the Indictment.” The parties further agree that the ingredients necessary for use of the Savings Clause of 28 U.S.C. § 2255(e) are present in this case. The parties’ Stipulation Dkt. [36] is approved. Judgment consistent with this Entry shall now issue. IT IS SO ORDERED. Date: 7/27/2017 Distribution: Brent Westerfeld bwesterfeld@wkelaw.com James Robert Wood UNITED STATES ATTORNEY'S OFFICE bob.wood@usdoj.gov

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?