United States District Court, S.D. Illinois
October 11, 2005.
WILLIE BOYD, Petitioner,
SARAH REVELL, Respondent.
The opinion of the court was delivered by: MICHAEL REAGAN, District Judge
MEMORANDUM AND ORDER
Petitioner filed this action pursuant to 28 U.S.C. § 2241 to
challenge his 1998 sentence as an armed career criminal. In the
criminal proceeding, the district judge found that Petitioner had
three prior convictions, thus warranting a sentence under the
Armed Career Criminal Act ("ACCA"),18 U.S.C. § 924(e). See
United States v. Boyd, Case No. 97-cr-301-SNL (E.D. Mo., filed
Aug. 7, 1997). At issue now is whether those prior convictions,
and specifically the 1972 conviction for second-degree burglary,
may be counted for purposes of an ACCA sentence, in light of the
Supreme Court's recent decision of Shepard v. United States,
___ U.S. ___, 125 S.Ct. 1254 (2005). Several issues must be
resolved in this case, and Respondent shall address each in her
1. Does the holding of Shepard apply retroactively
to convictions that were final prior to its decision?
2. If Shepard does apply retroactively, can relief
be granted under 28 U.S.C. § 2241?
3. If relief may be granted under § 2241, is
Petitioner entitled to relief in this case?
IT IS HEREBY ORDERED that Respondent shall, within
twenty-three (23) days of receipt of this application for Writ of Habeas Corpus, answer and show
cause why the writ should not issue. Service upon the United
States Attorney for the Southern District of Illinois, 750
Missouri Avenue, East St. Louis, Illinois, shall constitute
sufficient service. In her answer, Respondent shall address all
three issues summarized above.
IT IS FURTHER ORDERED that pursuant to Local Rule 72.1(a)(2),
this cause is referred to a United States Magistrate Judge for
further pre-trial proceedings.
IT IS FURTHER ORDERED that this entire matter be referred to
a United States Magistrate Judge for disposition, as contemplated
by Local Rule 72.2(b)(2) and 28 U.S.C. § 636(c), should all the
parties consent to such a referral.
IT IS SO ORDERED.
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