Alley v. Wilson, No. 3:2017cv00637 - Document 9 (E.D. Va. 2018)
Court Description: MEMORANDUM OPINION. Signed by District Judge John A. Gibney, Jr. on 07/16/2018. Copy mailed to Petitioner. (walk, )
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Alley v. Wilson Doc. 9 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) Dockets.Justia.com
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