Santiago v. Streeval, No. 20-2665 (7th Cir. 2022)
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Over three weeks in 2002, Santiago participated in a string of armed robberies at Pennsylvania hotels. When he was arrested, Santiago was holding the distinctive firearm that he and his co-defendants used in the robberies. Convicted of three Hobbs Act counts of interference with commerce by robbery, two counts of possessing a firearm in furtherance of a crime of violence, (robbery), 18 U.S.C. 924(c), and two counts of possessing a firearm as a felon (prior state felony convictions for criminal trespass and retail theft), Santiago was sentenced to concurrent terms of 42 months' imprisonment on the three Hobbs Act and two felon-in-possession counts. Under then-applicable law, Santiago also received mandatory consecutive 60-month and 300-month terms for the 924(c) counts. The Third Circuit affirmed.
The Seventh Circuit rejected Santiago’s section 2241 habeas petition in which he argued that the Supreme Court’s 2019 “Rehaif” decision, required that his convictions for possessing a firearm as a felon be set aside. Santiago cannot show he was actually innocent of those charges as required to invoke the “saving” clause in 28 U.S.C. 2255(e). In order to use section 2241 to avoid the restrictions on successive 2255 motions, he would need to show that no reasonable juror could find him guilty beyond a reasonable doubt.
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