FAULKNER v. CARAWAY

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)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
TERRE HAUTE DIVISION
JAMES A. FAULKNER,
Petitioner,
v.
J.F. CARAWAY, Warden,
Respondent.

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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
[e-mail]
James Robert Wood
UNITED STATES ATTORNEY'S OFFICE
[e-mail]