United States District Court, D. Minnesota
RICHARD NELSON, UNITED STATES DISTRICT JUDGE
matter is before the Court on the parties' joint Petition
for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241
petitioning this Court to vacate the sentencing judgment
entered by this Court on a recent supervised release
violation [Doc. No. 147], to dismiss the corresponding
Petition for Revocation of Supervised Release [Doc. No. 134],
and to correct Petitioner's original sentence imposed in
1999 to ten years' imprisonment and three years of
supervised release [Doc. No. 48].
1998, Wilson pleaded guilty to being a felon in possession of
a firearm and, in 1999, was sentenced as an Armed Career
Criminal to fifteen years' imprisonment. His ACCA
predicate offenses were for terroristic threats in violation
of Minnesota law. In addition to a term of incarceration,
Wilson was sentenced to a five-year term of supervised
Wilson not been sentenced as an Armed Career Criminal, the
maximum term of supervised release would have been three
years. This is so because 18 U.S.C. § 3583 authorizes
supervised release terms of up to five years for those
convicted of Class A and Class B felonies. 18 U.S.C. §
3583(b)(1). But for Class C and Class D felonies, the statute
authorizes supervised release terms of not more than three
years. 18 U.S.C. § 3583(b)(2). An ACCA-enhanced
felon-in-possession conviction is a Class A felony, because
it is punishable by up to life imprisonment. See 18 U.S.C.
§ 924(e) (penalty); id. § 3559(a)(1)
(sentencing classification of offenses, Class A felonies are
punishable by life imprisonment). An unenhanced §
922(g)(1) conviction is a Class C conviction because the
maximum term of imprisonment is ten years. See Id.
18 U.S.C. § 924(a)(2); id. 18 U.S.C. §
3559(a)(3) (Class C felonies are punishable by 10-25 years
filed a motion under 28 U.S.C. § 2255 in October 2000.
[Doc. No. 58.] It was denied in July 2001. [Doc. No. 66.]
finished the carceral portion of his sentence on September 9,
2011 and began serving his initial term of supervised release
on that date. As a result, the maximum allowable term of
supervised release for a non-ACCA enhanced conviction would
have expired on September 8, 2014.
supervised release was revoked on December 10,
2014. [Doc. No. 104.] At that time, he was
sentenced to four months' incarceration with three
years' supervised release to follow. [Doc. No. 104.]
supervised release term began anew on April 23, 2015,
following his release from imprisonment on the first
supervised-release revocation. On October 12, 2017,
Wilson's supervised release was revoked again. [Doc. No.
147.] He was sentenced to six months' imprisonment with
no supervised release to follow. [Id.] Wilson is
scheduled to self-surrender on November 10, 2017.
November, 2017, Mr. Wilson and the government filed this
joint writ of habeas corpus under 28 U.S.C. § 2241,
seeking to correct the judgment of conviction to reflect his
now undisputed non-ACCA status, which would result in a
three-year term of supervised release that would have expired
on September 8, 2014. [Doc. No. 148.] Because the revocations
of his supervised release and the conduct underlying these
violations occurred after this date, he asks the Court to
vacate the current sentencing judgment [Doc. No. 147] and to
dismiss the corresponding petition for revocation for
reasons that follow, the Court grants the joint motion.
The Savings Clause Is Satisfied
28 U.S.C. § 2255 generally precludes a federal prisoner
from raising challenges to his conviction or sentence by
filing a petition for a writ ...