Habeas Corpus – length of sentence

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United States Court of Appeals For the Seventh Circuit

Criminal

Habeas Corpus – length of sentence

A federal prisoner may use 28 U.S.C. 2241 to contest the length of his sentence when a later decision of the Supreme Court shows that the judge’s calculation of a range under the Sentencing Guidelines was erroneous.

“[T]he district court erred in concluding that challenges to a sentence (rather than the underlying conviction) are categorically barred under 28 U.S.C. § 2241. On the merits, Brown is entitled to relief under § 2241. Under Begay, Brown’s prior conviction for Arson in the Third Degree under Delaware law does not qualify as ‘generic’ arson under the enumerated crimes clause of the career offender Guideline, nor is it covered by the residual clause. We therefore reverse the decision of the district court and hold that Brown is entitled to relief under § 2241.”

Reversed and Remanded.

12-1439 Brown v. Caraway

Appeal from the United States District Court for the Southern District of Indiana, Lawrence, J., Flaum, J.