United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
R. Herndon, Judge.
Justin Wesley Kennedy (Petitioner), filed a petition for writ
of habeas corpus under 28 U.S.C. § 2241, challenging the
enhancement of his sentence as a career offender under
U.S.S.G. § 4B1.1. (Doc. 1). He purports to rely on
Mathis v. United States, 136 S.Ct. 2243 (2016). Now
before the Court is Respondent's Motion to Dismiss
Petitioner's Petition for Writ of Habeas Corpus Pursuant
to 28 U.S.C. § 2241. (Doc. 8). Respondent argues the
petition must be dismissed because petitioner waived his
right to file a collateral attack. Petitioner opposes the
motion at Doc. 11.
Facts and Procedural History
2010, Petitioner pleaded guilty to one count of Conspiracy to
Manufacture a Substance Containing a Detectable Amount of
Methamphetamine in the Eastern District of Missouri.
United States v. Kennedy, No. 1:09-cr-170-CEJ.
District Court applied the career-offender enhancement
pursuant to the United States Sentencing Guidelines
(“USSG”) at § 4B1.1, based on
Petitioner's prior convictions for attempted manufacture
of methamphetamine and possession of ephedrine with intent to
manufacture methamphetamine. (Doc. 1-1, p. 5). Consequently,
Petitioner's offense level increased from 23 to 29 and
his guideline range increased from 91-115 months to 151-188
months incarceration. (Doc. 1-1, pp. 5-6). He ultimately
received a sentence of 151 months, three years of supervised
release, and a mandatory special assessment of $100. (Doc.
1-1, p. 7).
entered into a plea agreement with the Government in relation
to his guilty plea. (Doc. 8-1). The agreement contained a
waiver of the right to appeal or file a collateral attack:
(1) Appeal: The defendant has been fully apprised by defense
counsel of the defendant's rights concerning appeal and
fully understands the right to appeal the sentence under
Title 18, United States Code, Section 3742.
(a) Non-Sentencing Issues: In the event the Court accepts the
plea, as part of this agreement, both the defendant and the
government hereby waive all rights to appeal all
non-jurisdictional issues including, but not limited to, any
issues relating to pre-trial motions, hearing and discovery
and any issues relating to the negotiation, taking or
acceptance of the guilty plea or the factual basis for the
(b) Sentencing Issues: Both the defendant and the government
hereby waive all rights to appeal all sentencing issues,
including any issues related to the determination of the
Total Offense Level, the Criminal History Category and Career
(2)Habeas Corpus: The defendant
acknowledges being guilty of the crime(s) to which a plea is
being entered, and further states that neither defense
counsel nor the government have made representations which
are not included in this document as to the sentence to be
imposed. The defendant further agrees to waive all rights to
contest the conviction or sentence in any post-conviction
proceeding, including one pursuant to Title 28, United States
Code, Section 2255, except for claims of prosecutorial
misconduct or ineffective assistance of counsel at the time
directly appealed his conviction, unsuccessfully. (Doc. 8-7).
He then filed a § 2255 petition arguing ineffective
assistance of counsel, which the District Court denied. (Doc.
relies on Mathis v. United States, 136 S.Ct. 2243
(2016) to argue his prior drug convictions do not qualify as
controlled substance offenses for purposes of the career
offender enhancement under U.S.S.G. § 4B1.2. It is
unnecessary to consider the substantive merits of his