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Stidham v. Warden, FCI- Terre Haute

United States District Court, Southern District of Indiana, Terre Haute Division

January 26, 2015

FREDERICK WILLIAM STIDHAM, Petitioner,
v.
WARDEN, FCI - Terre Haute, Respondent.

ENTRY DISMISSING ACTION AND DIRECTING ENTRY OF FINAL JUDGMENT

HON. JANE MAGNUS-STINSON, JUDGE UNITED STATES DISTRICT COURT

I.

Habeas petitioner Stidham is a federal prisoner currently incarcerated at the Federal Correctional Complex at Terrre Haute, Indiana. Stidham is serving a term of imprisonment of 235 months imposed by the United States District Court for the District of Wyoming pursuant to Stidham's conviction for being a felon in possession of a firearm, in violation of 18 U.S.C. §§ 922(g)(1) and 924(e). He was sentenced as an armed career criminal ("ACCA").

Stidham seeks habeas corpus relief pursuant to 28 U.S.C. § 2241 based on his claim that the ACCA enhancement was unwarranted.

A "federal prisoner should be permitted to seek habeas corpus only if he had no reasonable opportunity to obtain earlier judicial correction of a fundamental defect in his conviction or sentence because the law changed after his first § 28 U.S.C. § 2255 motion." Hill v. Werlington, 695 F.3d 644, 648 (7th Cir. 2012); see also In re: Davenport, 147 F.3d 605, 611 (7th Cir. 1998). Stidham has not made such a showing. Moreover, he has not established that his prior criminal history would not expose him to an ACCA enhanced sentence.

Stidham has sought relief pursuant to 28 U.S.C. § 2241 under circumstances which do not permit or justify the use of that remedy. His petition for a writ of habeas corpus is denied.

II.

Judgment consistent with this Entry shall now issue.

IT IS SO ORDERED.


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