United States District Court, W.D. Wisconsin
WILLIAM M. CONLEY DISTRICT JUDGE
Larry Hendrix, by counsel, seeks to vacate the sentence
imposed in Case No. 06-cr-54 under 28 U.S.C. § 2231 in
light of the United States Supreme Court's recent holding
in United States v. Johnson, 135 S.Ct. 2551 (2015),
which held that the residual clause in the Armed Career
Criminal Act ("ACCA"), 18 U.S.C. §
924(e)(2)(B), violates the due process clause of the Fifth
December 7, 2006, petitioner was sentenced, after a jury
trial, on one count of being a felon in possession of a
firearm. See 18 U.S.C. § 922(g). Pursuant to
the terms of the ACCA, the court found that petitioner had
three qualifying predicate convictions which warranted
imposition of 262 months in prison.
represents that his motion to vacate is "unopposed,
" and that Assistant United States Attorney Laura
Przybylinski-Finn informed petitioner's counsel that the
government does not oppose the motion. The parties agree that
under Johnson, petitioner is entitled to immediate
release from prison. They further agree that the term of
supervised release should be reduced from five years to two
years, provided a new special condition is added to require
that defendant serve four months in a halfway house, in order
to avoid Mr. Hendrix's abrupt release and to facilitate
his transition into the community.
court finds that under the circumstances of this case,
petitioner Hendrix can show a miscarriage of justice
sufficient to justify relief pursuant to 28 U.S.C. §
2241 and the savings clause in 28 U.S.C. § 2255(e). The
court further finds that a sentence of time served is
reasonable and no greater than necessary to hold the
defendant accountable and protect the community. Accordingly,
petitioner's motion will be granted.
Unopposed Petition to Vacate Sentence Under 28 U.S.C. §
2241 is GRANTED.
court sentences the defendant to time served, effective
term of supervised release is also reduced from five to two
years in accordance with 18 U.S.C. § 3583(b)(2), and
includes an additional special condition, no. 5:
120 days in a residential reentry center, as approved by the
supervising U.S. probation officer, with admission upon the
first available vacancy. Defendant may be absent from the
center for employment purposes, for mental health counseling
and treatment and for passes consistent with program rules.
Defendant is to pay his own medical expenses, if any, and is
to pay 25% of his gross income toward the daily cost of
residence. Defendant may be ...