Sentencing Guidelines

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7^th Circuit Court of Appeals

Case Name: Joshua E. Shepherd v. Jeffrey E. Krueger

Case No.: 17-1362

Officials: EASTERBROOK, ROVNER, and HAMILTON, Circuit Judges.

Focus: Sentencing Guidelines

Petitioner-appellant Joshua E. Shepherd was pulled over by the police in Kentucky. The officers found marijuana and a gun in his car. He pleaded guilty in federal court to one count of possession of marijuana with intent to distribute, one count of being a felon in possession of a firearm, and two counts for criminal forfeiture. At sentencing, the district judge in Kentucky applied an Armed Career Criminal Act (“ACCA”) enhancement based on his prior convictions and sentenced Shepherd to the mandatory minimum fifteen years in prison. See 18 U.S.C. § 924(e). For nearly ten years, Shepherd has been challenging the enhanced sentence under ACCA. The Sixth Circuit affirmed on direct appeal, and several courts have declined to overturn his sentence in collateral attacks under 28 U.S.C. § 2255.

Shepherd seeks relief under § 2241 to take advantage of the “inadequate or ineffective” exception in § 2255(e), the scope of which is controversial both within this circuit and beyond. See Webster v. Daniels, 784 F.3d 1123 (7th Cir. 2015) (en banc) (reversing denial of § 2241 petition by vote of six to five); In re Davenport, 147 F.3d 605, 608–09 (7th Cir. 1998); see also, e.g., Prost v. Anderson, 636 F.3d 578, 592–93 (10th Cir. 2011) (reviewing divided circuit opinions on scope of 2255(e)); id. at 604–06 (Seymour, J., dissenting in part); Gilbert v. United States, 640 F.3d 1293, 1312–15 (11th Cir. 2011) (en banc) (reviewing divided opinions on scope of § 2255(e)); id. at 1335–36 (Martin, J., dissenting). On the basis of Malone, we affirm the denial of Shepherd’s § 2241 petition.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.