United States District Court, C.D. Illinois, Peoria Division
ORDER AND OPINION
E. Shadid United States District Judge
before the Court is Petitioner Michael Troy Olson's
Petition for Writ of Habeas Corpus under 28 U.S.C. §
2241 (Doc. 1, reentered as Doc. 29). Olson's Petition
challenges the sentence enhancement he received under the
Armed Career Criminal Act (“ACCA”), 18 U.S.C.
§ 924(e). He argues that in light of United States
v. Johnson, 135 S.Ct. 2551 (2015), Mathis v. United
States, 136 S.Ct. 2243 (2016), and Van Cannon v.
United States, 890 F.3d 656 (7th Cir. 2018), he no
longer has the three predicate violent felony convictions
needed to impose the enhancement and has already served the
maximum sentence otherwise allowed by statute for his
conviction. He also argues that he is entitled to proceed
under 28 U.S.C. § 2241, because the remedy under 28
U.S.C. § 2255 “is inadequate or ineffective to
test the legality of his detention.” For the reasons
set forth below, Olson's Petition (Doc. 1) is GRANTED.
Olson's Criminal History
January 2005, following a jury trial, Olson was convicted of
Unlawful Possession of a Firearm by a Felon in violation of
18 U.S.C. §§ 922(g)(1) and 924(e). United
States v. Olson, No. 04-CR-398 (D. Minn.). At
Olson's sentencing on July 20, 2005, the district court
found that he had five predicate convictions for violent
• Simple Robbery in violation of Minnesota statute
§ 609.24 (Hennepin County, Minnesota, No.
• Third Degree Burglary in violation of Minnesota
statute § 609.582, subdiv 3 (Hennepin County, Minnesota,
• Aggravated Robbery in violation of Minnesota statute
§ 609.245 (Hennepin County, Minnesota, No.
• Theft of a Motor Vehicle in violation of Minnesota
statute § 609.52S3(3)VI (Hennepin County, Minnesota, No.
• Fourth Degree Criminal Sexual Conduct in violation of
Minnesota statute § 609.345, subdivision 1B (Hennepin
County, Minnesota, No. 02-K5-97-002329).
this finding, and pursuant to 18 U.S.C. § 924(e), the
sentencing court designated Olson an Armed Career Criminal.
This designation increased his statutory imprisonment range
from zero to ten years imprisonment to fifteen years to life
imprisonment. Olson was sentenced to 275 months'
Eighth Circuit affirmed Olson's conviction on April 24,
2006. United States v. Olson, 177 Fed.Appx. 512 (8th
Cir. 2006). Olson did not file a writ of certiorari with the
Supreme Court, so his conviction became final on July 25,
2006. Olson did not file a timely initial § 2255 motion,
but filed a motion in his criminal case in June 2008, which
was construed as a motion under § 2255 and denied as
detailed in Respondent's initial response in this Court,
Olson has filed numerous post-conviction petitions and
motions unrelated to his present challenge. See Doc.
35 at 2-12. Relevant to this case, in 2015 Olson filed an
application to file a successive § 2255 motion with the
Eighth Circuit. Olson argued that in light of United
States v. Johnson, 135 S.Ct. 2551 (2015), he no longer
had the three predicate convictions necessary to be deemed an
Armed Career Criminal. The Government opposed Olson's
application, arguing that Olson still had three predicate
felonies-Simply Robbery, Third Degree Burglary, and
Aggravated Robbery- that did not implicate the residual
clause. Olson v. United States, No. 15-2568, Entry
ID: 4310061. On January 8, 2016, the Eighth Circuit denied
Olson's application to file a successive petition.
Olson v. United States, No. 15-2568 (8th Cir. Jan.
8, 2016) (“Olson has three prior convictions properly
classified as violent felonies under the elements clause or
enumerated clause of the ACCA. Therefore, Johnson is
inapplicable to his classification as a career
March 2017, Olson filed this petition in the District Court
for the District of Minnesota, where he was at that time
incarcerated. Doc. 1. He argues that he is serving an illegal
sentence because he should not be deemed an Armed Career
Criminal, and that he is entitled to relief under 28 U.S.C.
§ 2241 because his claim falls within the savings clause
of 28 U.S.C. § 2255(e). The case was subsequently
transferred to this Court on November 29, 2017, after Olson
was transferred to a prison within this Court's
territorial jurisdiction. Olson filed a Motion to Amend in