KIMBALL v. DANIELS

KIMBALL v. DANIELS

Petitioner:	KENNETH B. KIMBALL
Respondent:	CHARLES A. DANIELS
Case Number:	2:2015cv00418
Filed:	December 21, 2015
Court:	US District Court for the Southern District of Indiana
Office:	Terre Haute Office
Presiding Judge:	Jane Magnus-Stinson
Presiding Judge:	William G. Hussmann
Nature of Suit:	Habeas Corpus (General)
Cause of Action:	28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa
Jury Demanded By:	None

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Date Filed	Document Text
June 20, 2016	Filing 10 Entry Denying Petition for Writ of Habeas Corpus and Directing Entry of Final Judgment - The present action is brought by Kenneth Kimball, who is confined within this District. Kimball seeks a writ of habeas corpus pursuant to 28 U.S.C. § 224 1(c)(3). The facts associated with Kimball's convictions were summarized in the decision in his direct appeal. It suffices for the present to note that Kimball was the head of a drug trafficking operation in which drugs were imported into N ashville, Tennessee from Texas and New Mexico. As a result of this conduct, Kimball was found guilty of drug and weapons offenses, money laundering, obstruction of justice and witness tampering. Kimball is currently serving the first of two conse cutive life sentences, which are to be followed by a term of 15 years. Following his direct appeal, Kimball filed a motion for relief pursuant to 28 U.S.C. § 2255. This motion was denied. The dispositive question here is whether Kimball� 39;s double jeopardy claim permits him to traverse the portal created by § 2255(e). It does not. His petition for writ of habeas corpus is therefore denied without the merits of his habeas claim being reached. Judgment consistent with this Entry shall now issue. (See Entry.) Copy to petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 6/20/2016.(RSF)

Date Filed

Document Text

June 20, 2016

Filing 10 Entry Denying Petition for Writ of Habeas Corpus and Directing Entry of Final Judgment - The present action is brought by Kenneth Kimball, who is confined within this District. Kimball seeks a writ of habeas corpus pursuant to 28 U.S.C. § 224 1(c)(3). The facts associated with Kimball's convictions were summarized in the decision in his direct appeal. It suffices for the present to note that Kimball was the head of a drug trafficking operation in which drugs were imported into N ashville, Tennessee from Texas and New Mexico. As a result of this conduct, Kimball was found guilty of drug and weapons offenses, money laundering, obstruction of justice and witness tampering. Kimball is currently serving the first of two conse cutive life sentences, which are to be followed by a term of 15 years. Following his direct appeal, Kimball filed a motion for relief pursuant to 28 U.S.C. § 2255. This motion was denied. The dispositive question here is whether Kimball� 39;s double jeopardy claim permits him to traverse the portal created by § 2255(e). It does not. His petition for writ of habeas corpus is therefore denied without the merits of his habeas claim being reached. Judgment consistent with this Entry shall now issue. (See Entry.) Copy to petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 6/20/2016.(RSF)

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Respondent: CHARLES A. DANIELS
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Petitioner: KENNETH B. KIMBALL
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