Criminal Procedure — Habeas Corpus

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Criminal Procedure — Habeas Corpus

A prisoner cannot challenge a sentence enhancement under the Armed Career Criminal Act under 28 U.S.C. 2241.

“Hill has not argued that binding precedent foreclosed his claim that his 1993 aggravated battery conviction did not constitute a violent felony under the ACCA because physical force is not an element of battery causing bodily harm under Illinois law. Instead, he asserts that before Johnson, the law was unclear regarding what amount of force was necessary to constitute a ‘violent felony’ under the ACCA. Any lack of clarity in the law before Johnson did not prevent Hill from bringing his claim either in a direct appeal or in his § 2255 motion. Furthermore, Johnson did not change the law so as to interpret ‘physical force’ in the ACCA’s definition of ‘violent felony’ in a way that Hill would have a claim that his sentence was enhanced based on nonexistent violent felony. Accordingly, he cannot prevail on his § 2241 petition.”

Affirmed.

11-1533 Hill v. Werlinger

Appeal from the United States District Court for the Western District of Wisconsin, Crabb, J., Tinder, J.

Criminal Procedure Digest, 7th Circuit Digest,Criminal Digest

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