Helm v. United States of America

Filing 11

MEMORANDUM ORDER overruling objections and adopting the magistrate judge's 5 Report and Recommendation. Signed by District Judge Marcia A. Crone on 6/14/2018. (bjc)

UNITED STATES DISTRICT COURT

CHRISTOPHER HELM,
Petitioner,
versus
WARDEN, FCI BEAUMONT LOW,
Respondent.

EASTERN DISTRICT OF TEXAS

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CIVIL ACTION NO. 1:17-CV-143

MEMORANDUM ORDER OVERRULING OBJECTIONS AND ADOPTING THE
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
Petitioner, Christopher Helm, an inmate confined at FCC Beaumont Low proceeding pro
se, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.
The court referred this matter to the Honorable Zack Hawthorn, United States Magistrate
Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court.
The Magistrate Judge recommends the petition for writ of habeas corpus be denied.
The court has received and considered the Report and Recommendation of United States
Magistrate Judge filed pursuant to such referral, along with the record, and pleadings. Petitioner
filed objections to the Magistrate Judge’s Report and Recommendation. This requires a de novo
review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P.
72(b).
After a careful review, this court finds the objections lacking in merit. As outlined by the
Magistrate Judge, the Supreme Court has not expressly held that Mathis applies retroactively to
cases on collateral review. Mathis v. United States, 136 S.Ct. 2243 (2016). Furthermore,
petitioner challenges a sentencing enhancement. Thus, petitioner’s challenge pursuant to Johnson

v. United States, 135 S.Ct. 2551 (2015) does not suggest that he was convicted of a nonexistent
offense. See In re Bradford v. Tamez, 660 F.3d 226, 230 (5th Cir. 2011) (“a claim of actual
innocence of a career offender enhancement is not a claim of actual innocence of the crime of
conviction and, thus, is not the type of claim that warrants review under § 2241”); Padilla v.
United States, 16 F.3d 424, 427 (5th Cir. 2005); Kinder v. Purdy, 222 F.3d 209, 213-14 (5th Cir.
2000). Petitioner’s objections lack merit.
ORDER
Accordingly, the objections of the plaintiff are OVERRULED. The findings of fact and
conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge is
ADOPTED. A Final Judgment will be entered in accordance with the recommendations of the

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Magistrate Judge.
SIGNED at Beaumont, Texas, this 7th day of September, 2004.
SIGNED at Beaumont, Texas, this 14th day of June, 2018.

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MARCIA A. CRONE
UNITED STATES DISTRICT JUDGE

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