Sentencing Guidelines – Resentencing

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7^th Circuit Court of Appeals

Case Name: John Worman v. Frederick Entzel

Case No.: 19-2048

Officials: BRENNAN, SCUDDER, and ST. EVE, Circuit Judges.

Focus: Sentencing Guidelines – Resentencing 

John Worman reacted to losing his job and a business opportunity by mailing a pipe bomb to his former supervisor. Federal charges ensued, and a jury convicted Worman on all counts, leading to a sentence of 44 years’ imprisonment. Worman was unsuccessful in challenging his sentence on direct appeal and in a motion to vacate his sentence. The Supreme Court then decided Dean v. United States, 137 S. Ct. 1170 (2017), which Worman was right to recognize as calling into question the length of his sentence. But Congress has limited prisoners to one pursuit of habeas corpus relief, subject to very narrow exceptions. So Worman’s challenge became finding a viable path to file a second request for habeas relief, and he ultimately invoked 28 U.S.C. § 2241. The district court concluded that, even though Dean provided Worman a surefire basis for a meaningful sentencing reduction (from 44 to 30 years), he did not meet the exacting and narrow requirements for being able to use § 2241 to pursue a new sentence. We agree and affirm, with today’s decision exemplifying the stark reality that the limitations on habeas corpus relief can have very real and lasting consequences for prisoners laboring to navigate its complexities.

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.