JAHNS v. JULIAN

JAHNS v. JULIAN

Petitioner:	JASON JAHNS
Respondent:	S. JULIAN
Case Number:	2:2016cv00239
Filed:	June 21, 2016
Court:	US District Court for the Southern District of Indiana
Office:	Terre Haute Office
Presiding Judge:	Denise K. LaRue
Presiding Judge:	Jane Magnus-Stinson
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
March 30, 2018	Filing 33 ORDER Granting Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 - This Court finds that a remedy under 28 U.S.C. § 2255 is "inadequate or ineffective to test the legality" of Jahns's continued detention as that term is used in 28 U.S.C. § 2255(e), and that Jahns is serving an illegally enhanced sentence under the ACCA imposed by the United States District Court for the Northern District of Ohio (Western Division) in No. 3:10-cr-00435-DAK. The ACCA enhan ced sentence is illegal because the sentence exceeds the otherwise-applicable statutory maximum for his crime because he is ineligible (and does not qualify) for sentencing as an Armed Career Criminal under 18 U.S.C. § 924(e). Jahns is the refore entitled to the relief he seeks in this action pursuant to 28 U.S.C. § 2241(c)(3). He is entitled to be resentenced by the court of conviction without the ACCA enhancement. The petition for a writ of habeas corpus is granted. Final j udgment will now issue. The final judgment will do two things. First, it will vacate the petitioner's ACCA enhanced sentence in No. 3:10-cr-00435-DAK. Second, it will direct that a copy of the Order and Judgment in this case be forwarded t o the Clerk of the United States District Court for the Northern District of Ohio (Western Division) for filing in No. 3:10-cr-00435-DAK (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge Jane Magnus-Stinson on 3/30/2018. Copies distributed pursuant to distribution list. (DW)
November 1, 2016	Filing 3 ENTRY Dismissing Action and Directing Entry of Final Judgment: This is apparent from the face of his habeas petition and for the reasons outlined above the petition for a writ of habeas corpus is denied. Judgment consistent with this Entry shall now issue *SEE ENTRY FOR ADDITIONAL INFORMATION*. Copy sent to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 11/1/2016.(DW)

Date Filed

Document Text

March 30, 2018

Filing 33 ORDER Granting Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 - This Court finds that a remedy under 28 U.S.C. § 2255 is "inadequate or ineffective to test the legality" of Jahns's continued detention as that term is used in 28 U.S.C. § 2255(e), and that Jahns is serving an illegally enhanced sentence under the ACCA imposed by the United States District Court for the Northern District of Ohio (Western Division) in No. 3:10-cr-00435-DAK. The ACCA enhan ced sentence is illegal because the sentence exceeds the otherwise-applicable statutory maximum for his crime because he is ineligible (and does not qualify) for sentencing as an Armed Career Criminal under 18 U.S.C. § 924(e). Jahns is the refore entitled to the relief he seeks in this action pursuant to 28 U.S.C. § 2241(c)(3). He is entitled to be resentenced by the court of conviction without the ACCA enhancement. The petition for a writ of habeas corpus is granted. Final j udgment will now issue. The final judgment will do two things. First, it will vacate the petitioner's ACCA enhanced sentence in No. 3:10-cr-00435-DAK. Second, it will direct that a copy of the Order and Judgment in this case be forwarded t o the Clerk of the United States District Court for the Northern District of Ohio (Western Division) for filing in No. 3:10-cr-00435-DAK (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge Jane Magnus-Stinson on 3/30/2018. Copies distributed pursuant to distribution list. (DW)

November 1, 2016

Filing 3 ENTRY Dismissing Action and Directing Entry of Final Judgment: This is apparent from the face of his habeas petition and for the reasons outlined above the petition for a writ of habeas corpus is denied. Judgment consistent with this Entry shall now issue ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Copy sent to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 11/1/2016.(DW)

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Petitioner: JASON JAHNS
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Respondent: S. JULIAN
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