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16-239 - JAHNS v. JULIAN


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16-239 - JAHNS v. JULIAN
November 1, 2016
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ENTRY Dismissing Action and Directing Entry of Final Judgment: This is apparent from the face of his habeas petition and for the reasons outlined above the petition for a writ of habeas corpus is denied. Judgment consistent with this Entry shall now issue ***SEE ENTRY FOR ADDITIONAL INFORMATION***. Copy sent to Petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 11/1/2016.(DW)
March 30, 2018
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ORDER Granting Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 - This Court finds that a remedy under 28 U.S.C. § 2255 is "inadequate or ineffective to test the legality" of Jahns's continued detention as that term is used in 28 U.S.C. § 2255(e), and that Jahns is serving an illegally enhanced sentence under the ACCA imposed by the United States District Court for the Northern District of Ohio (Western Division) in No. 3:10-cr-00435-DAK. The ACCA enhanced sentence is illegal because the sentence exceeds the otherwise-applicable statutory maximum for his crime because he is ineligible (and does not qualify) for sentencing as an Armed Career Criminal under 18 U.S.C. § 924(e). Jahns is therefore entitled to the relief he seeks in this action pursuant to 28 U.S.C. § 2241(c)(3). He is entitled to be resentenced by the court of conviction without the ACCA enhancement. The petition for a writ of habeas corpus is granted. Final judgment will now issue. The final judgment will do two things. First, it will vacate the petitioner's ACCA enhanced sentence in No. 3:10-cr-00435-DAK. Second, it will direct that a copy of the Order and Judgment in this case be forwarded to the Clerk of the United States District Court for the Northern District of Ohio (Western Division) for filing in No. 3:10-cr-00435-DAK (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge Jane Magnus-Stinson on 3/30/2018. Copies distributed pursuant to distribution list. (DW)