Worman v. Entzel, No. 19-2048 (7th Cir. 2020)Annotate this Case
Worman mailed his supervisor a pipe bomb, which the Postal Service intercepted. Worman was convicted of mailing an explosive device (18 U.S.C. 1716), possessing an unregistered destructive device (26 U.S.C. 5861(d), 5845(f)), transporting an explosive device (18 U.S.C. 844(d)), and possessing and using a destructive device in furtherance of a crime of violence (18 U.S.C. 924(c)). Worman’s mailing of a bomb constituted the predicate crime of violence for the section 924(c) charge, which carried a mandatory minimum sentence of 30 years’ imprisonment consecutive to any sentence imposed on another count. Worman was sentenced to 360 months for the 924(c) offense and one month for the other offenses. The judge explained that Worman would not be released until he was 84 and lacked any criminal history. The Eighth Circuit vacated; its precedent prohibited judges from considering a mandatory consecutive sentence when granting a downward variance. The court resentenced Worman to 168 months for the pipe‐bomb offenses and 360 mandatory, consecutive months for the 924(c) offense. In 2016, Worman filed an unsuccessful pro se motion for a new sentence under 28 U.S.C. 2255, based on the Supreme Court’s 2015 “Johnson” decision.
In 2017, the Supreme Court held, in “Dean,” that a sentencing court may use its discretion when calculating an appropriate sentence for a felony serving as the basis for a section 924(c) conviction. Worman sought relief under 28 U.S.C. 2241. The Seventh Circuit affirmed the denial of relief, despite recognizing that Dean provided Worman a basis for a sentencing reduction. Worman does not meet either exception authorizing a second habeas motion. Dean was a decision of statutory law, not an interpretation of the Constitution, and does not apply retroactively to cases on collateral review.