The defendant was sentenced to 264 months of imprisonment because the Sentencing Guidelines determined him to be a career offender based on a prior felony conviction which was held to be a "crime of violence" under the residual clause of the career offender guideline. After Johnson v. U.S., which voided such residual clauses as unconstitutionally vague, the defendant filed a renewed successive § 2255 habeas petition and sought bail pending resolution of the habeas petition. The court noted that its inherent authority allowed it to grant bail in these situations if (1) the defendant had raised a constitutional claim upon which he has a high probability of success, and (2) exceptional circumstances justify the defendant's release on bond. Here, the court determined that the petitioner had satisfied these requirements, since his habeas petition was highly likely to succeed and that the defendant had been incarcerated longer than he would have been had he not been categorized as a career offender, constituting exceptional circumstances.
Swanson v. United States, No. 15-cv-3262-SEM, 2016 WL 5422048 (C.D. Ill. Sept. 28, 2016)
Criminal (Federal Charges)
Type of Court
Federal District Court
Type of Case
Elderly, Post-Conviction Detention [jail or prison], Pre-Existing Health Conditions, Significant Criminal History
Compassionate Release Case
Case Tracking Number
MORE CASE INFORMATION
Place of Incarceration
Antiterrorism and Effective Death Penalty Act (AEDPA) [arises with “second or successive habeas petitions”], First Step Act Exhaustion, First Step Act, 18 U.S.C. § 3582(c)(1)(A), Other, § 2255 Habeas, 18 U.S.C. 3642(c); 18 U.S.C. § 3621(b).
Bank robbery, in violation of 18 U.S.C. § 2113(a) and (d); Career Offender sentencing enhancement
Compassionate Release Exhaustion Holdingsin Federal Case
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