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Olson v. Kallis

United States District Court, C.D. Illinois, Peoria Division

November 8, 2019

MICHAEL TROY OLSON, Petitioner,
v.
STEVE KALLIS, Respondent.

          ORDER AND OPINION

          James E. Shadid United States District Judge

         Now 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.

         I. BACKGROUND

         A. Olson's Criminal History

         In 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 felonies:

• Simple Robbery in violation of Minnesota statute § 609.24 (Hennepin County, Minnesota, No. 27-CR-82-902452);
• Third Degree Burglary in violation of Minnesota statute § 609.582, subdiv 3 (Hennepin County, Minnesota, No. 27-CR-91-082639);
• Aggravated Robbery in violation of Minnesota statute § 609.245 (Hennepin County, Minnesota, No. 27-CR-93-093074);
• Theft of a Motor Vehicle in violation of Minnesota statute § 609.52S3(3)VI (Hennepin County, Minnesota, No. 27-CR-91-008488); and
• Fourth Degree Criminal Sexual Conduct in violation of Minnesota statute § 609.345, subdivision 1B (Hennepin County, Minnesota, No. 02-K5-97-002329).

         Due to 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' imprisonment.

         The 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 untimely.

         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 offender.”).

         In 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 ...


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