Hendrix, Larry v. Williams II, Louis

Filing 2

ORDER granting the unopposed 1 Petition to Vacate Sentence Under 28 U.S.C. § 2241. The court sentences the defendant to time served, effective immediately. The term of supervised release is also reduced from five to two years in accordance with 18 U.S.C. § 3583(b)(2), and includes an additional special condition, no. 5. Signed by District Judge William M. Conley on 1/11/2017. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
LARRY HENDRIX,
Petitioner,

ORDER

v.

17-cv-020-wmc
06-cr-54-bbc

UNITED STATES OF AMERICA,
Respondent.

Petitioner Larry Hendrix, by counsel, seeks to vacate the sentence imposed in Case No.
06-cr-54 under 28 U. S.C. § 2231 in light of the United States Supreme Court's recent holding
in United States v. Johnson, 135 S. Ct. 2551 (2015), which held that the residual clause in the
Armed Career Criminal Act ("ACCA"), 18 U.S.C. § 924(e)(2)(B), violates the due process
clause of the Fifth Amendment.
On December 7, 2006, petitioner was sentenced, after a jury trial, on one count of being
a felon in possession of a firearm. See 18 U.S.C. § 922(g). Pursuant to the terms of the
ACCA, the court found that petitioner had three qualifying predicate convictions which
warranted imposition of 262 months in prison.
Petitioner represents that his motion to vacate is "unopposed," and that Assistant
United States Attorney Laura Przybylinski-Finn informed petitioner's counsel that the
government does not oppose the motion. The parties agree that under Johnson, petitioner is
entitled to immediate release from prison. They further agree that the term of supervised
release should be reduced from five years to two years, provided a new special condition is
added to require that defendant serve four months in a halfway house, in order to avoid Mr.

1

Hendrix's abrupt release and to facilitate his transition into the community.
The court finds that under the circumstances of this case, petitioner Hendrix can show a
miscarriage of justice sufficient to justify relief pursuant to 28 U.S.C. § 2241 and the savings
clause in 28 U.S.C. § 2255(e). The court further finds that a sentence of time served is
reasonable and no greater than necessary to hold the defendant accountable and protect the
community. Accordingly, petitioner's motion will be granted.

ORDER
IT IS ORDERED that:
1. The Unopposed Petition to Vacate Sentence Under 28 U.S.C. § 2241 is GRANTED.

2. The court sentences the defendant to time served, effective immediately.
3. The term of supervised release is also reduced from five to two years in accordance with
18 U.S.C. § 3583(b)(2), and includes an additional special condition, no. 5:
Spend 120 days in a residential reentry center, as approved by the
supervising U.S. probation officer, with admission upon the first
available vacancy. Defendant may be absent from the center for
employment purposes, for mental health counseling and treatment and
for passes consistent with program rules. Defendant is to pay his own
medical expenses, if any, and is to pay 25% of his gross income toward
the daily cost of residence. Defendant may be discharged early from the
facility upon the approval of both the facility administrator and the
supervising U.S. probation officer.
Entered this // fhday ofJanuary, 2017.
BY THE COURT: