Shepherd v. Julian

During a traffic stop, Kentucky officers found marijuana and a gun in Sheperd’s car. He pleaded guilty to possession of marijuana with intent to distribute, being a felon in possession of a firearm, and two counts for criminal forfeiture. The judge applied an Armed Career Criminal Act (ACCA) enhancement based on his prior Kentucky burglary convictions and sentenced Shepherd to the mandatory minimum 15 years in prison, 18 U.S.C. 924(e). The Sixth Circuit affirmed. Though his case originated in Kentucky, Shepherd is in an Indiana federal prison. After his challenges to his sentence under 28 U.S.C. 2255 were rejected by the Kentucky district court and the Sixth Circuit, Shepherd filed a 28 U.S.C. 2241 motion in Indiana. A section 2241 habeas petition may be allowed if the prisoner can show “that the remedy by motion [under section 2255] is inadequate or ineffective to test the legality of his detention.” The Seventh Circuit did not address whether Shepherd’s plea agreement waived his right to bring the collateral challenge or whether section 2241 should be available to him and if so, which precedent should apply. The court resolved the case on the merits: the Sixth Circuit held recently that Kentucky second-degree burglary qualifies as a predicate offense for an ACCA enhancement. View "Shepherd v. Julian" on Justia Law