Hill v. Holinka, No. 11-1533 (7th Cir. 2012)
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In 1999, Hill was convicted of possession with intent to distribute cocaine base, 21 U.S.C. 841(a)(1); use of a firearm during and in relation to a drug trafficking crime, 18 U.S.C. 924(c); and possession of a firearm by a convicted felon, 18 U.S.C. 922(g)(1). The district court found that each of Hill’s prior convictions (attempted murder; two aggravated battery) qualified as a career-offender “crime of violence,” U.S.S.G. 4B1.2(a)(1), and a “violent felony” under the Armed Career Criminal Act, 18 U.S.C. 924(e)(2)(B)(i) and imposed a sentence of 276 months. He filed two unsuccessful petitions under 28 U.S.C. 2255, alleging ineffective assistance, two unsuccessful petitions to modify his sentence, 18 U.S.C. 3582, then filed a pro se habeas petition under 28 U.S.C. 224, claiming that his classification as a career offender and armed career criminal was erroneous and that he was “innocent” of the sentence enhancements imposed. The district court denied the petition. The Seventh Circuit affirmed. While noting that Hill’s conviction under the Illinois battery statute, 720 ILCS 5/12-3, qualifies as a “crime of violence” under the ACCA, the court held that the petition failed because Hill could not establish that the 2255 remedy is inadequate or ineffective.
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