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Burrows v. Revell

April 25, 2006

CARLOS M. BURROWS, PETITIONER,
v.
SARAH REVELL, RESPONDENT.



The opinion of the court was delivered by: Murphy, Chief District Judge

MEMORANDUM AND ORDER

Petitioner filed this action pursuant to 28 U.S.C. § 2241 to challenge his 2002 sentence as an armed career criminal pursuant to 18 U.S.C. § 924(e), in light of the Supreme Court's decision in Shepard v. United States, 544 U.S. 13 (2005).

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. Respondent shall address the following questions in her response:

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 FURTHER ORDERED that pursuant to Local Rule of the United States District Court for the Southern District of Illinois 72.1(a)(2), this cause is referred to a United States Magistrate Judge for further pretrial 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.

G. PATRICK MURPHY Chief United States District Judge

20060425

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