Alley v. Wilson
Filing
9
MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 07/16/2018. Copy mailed to Petitioner. (walk, )
I
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division
CHADLEV DEAN ALLEY,
JUL I 7 2018
clerk,
district court
Petitioner,
V.
Civil Action No. 3:17CV637
ERIC WILSON,
Respondent.
MEMORANDUM OPINION
Petitioner has submitted this petition for a writ of habeas corpus under 28 U.S.C. § 2241.
In his § 2241 Petition, Petitioner contends that in that wake of Mathis v. United States, 136 S. Ct.
2243 (2016) and Johnson v. United States, 135 S. Ct. 2551 (2015), his North Carolina
convictions for breaking and entering no longer qualify as predicates for imposing an enhanced
sentence under the Armed Career Criminal Act("ACCA"). (ECF No. 1, at 3.)' Respondent has
responded. (ECF No. 6.) Petitioner has filed a reply. (ECF No. 8.) As explained below,
Petitioner's claim lacks merit and will be DISMISSED.^
As noted by the Supreme Court
Federal law forbids certain people-such as convicted felons, persons
committed to mental institutions, and drug users-to ship, possess, and receive
firearms. § 922(g). In general, the law punishes violation[s] of this ban by up to
10 years' imprisonment. § 924(a)(2). But if the violator has three or more earlier
convictions for a "serious drug offense" or a "violent felony," the Armed Career
Criminal Act increases his prison term to a minimum of 15 years and a maximum
of life. § 924(e)(1).
The Court employs the pagination assigned to Petitioner's § 2241 Petition by CM/ECF.
^ The United States Court of Appeals for the Fourth Circuit recently concluded that a
petitioner could use 28 U.S.C. § 2241 to challenge "fundamental sentencing errors, as well as
undermined convictions." United States v. Wheeler, 886 F.3d 415, 428 (4th Cir. 2018), denying
petition for rehearing en banc, United States v. Wheeler, — F. App'x —,No. 16-6073, 2018
WL 2947929, at *1 (4th Cir. June 11, 2018)
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