Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Eis v. Krueger

United States District Court, S.D. Indiana, Terre Haute Division

October 30, 2018

JIM KEITH EIS, Petitioner,
v.
J. E. KRUEGER, Respondent.

          Brian L. Reitz UNITED STATES ATTORNEY'S OFFICE (Indianapolis)

          James Robert Wood UNITED STATES ATTORNEY'S OFFICE (Indianapolis)

          ORDER DENYING WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 AND DIRECTING ENTRY OF FINAL JUDGMENT

          HON. WILLIAM T. LAWRENCE, SENIOR JUDGE

         Jim K. Eis seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Mr. Eis asserts that, in view of Mathis v. United States, 136 S.Ct. 2243 (2016), he is no longer a career offender and should not have received an enhanced sentence. For the reasons discussed in this Order, his petition for writ of habeas corpus is denied.

         I. Factual and Procedural Background

         On January 9, 2002, Mr. Eis was indicted in the Southern District of Iowa with one count of conspiracy to manufacture methamphetamine, in violation of 21 U.S.C. §§ 841(b)(1)(A) and 846; one count of manufacture of methamphetamine, in violation of 21 U.S.C. §§ 841(b)(1)(A) and 18 U.S.C. § 2; and one count of creating a substantial risk of harm to human life manufacturing a controlled substance, in violation of 21 U.S.C. § 858. See United States v. Eis, No. 3-01-cr-228 (S.D. Iowa 2001) (hereinafter, “Crim. Dkt.”); Dkt. No. 10 at 5.

         On December 21, 2001, the United States filed an Information pursuant to 21 U.S.C. § 851 providing notice of Mr. Eis' prior felony drug conviction in 1995 for delivery of imitation controlled substance in Douglas County, MO, No. CR194-8F. Dkt. No. 10 at 5-6.

         After a three-day trial in April 2002, Mr. Eis was found guilty by a jury of all three counts as charged in the Superseding Indictment. Id. at 5.

         The United States Probation Office filed a presentence report in preparation for sentencing. Dkt. No. 10. Under the United States Sentencing Guidelines (“U.S.S.G.”) § 3D1, it was determined that counts 1 and 2 would be grouped and count 3 would be separately calculated. Id. ¶¶ 34-36.

         The base offense level for counts 1 and 2 was 36. However, that level was increased: (a) by 6 because the offense involved the manufacture of methamphetamine and created a substantial risk of harm to the life of a minor, (b) by 4 because Mr. Eis was an organizer or leader of a group with five or more participants; (c) by 2 because Mr. Eis recruited minors to commit or assist in committing the offense; and (d) by 2 because of Mr. Eis' obstruction of justice. The adjusted offense level for counts 1 and 2 was 50. Id. ¶¶ 39-47.

         The base offense level for count 3 was 39. However, that level was increased: (a) by 6 because the offense involved the manufacture of methamphetamine and created a substantial risk of harm to the life of a minor, (b) by 4 because Mr. Eis was an organizer or leader of a group with five or more participants; (c) by 2 because Mr. Eis recruited minors to commit or assist in committing the offense; and (d) by 2 because of Mr. Eis' obstruction of justice. The adjusted offense level for count 3 was 53. Id. ¶¶ 48-55. Under § 3D1.3(b), the highest offense level is the total offense level. Thus, Mr. Eis' total offense level was 53. Because of his prior criminal history, he was found to be in criminal history category III. Id. ¶ 59. The total offense level of 53 combined with a criminal history Category III resulted in a Guidelines custody range of life imprisonment. Id.

         Because the United States filed an Information pursuant to 21 U.S.C. § 851, statutorily, for counts 1 and 2, Mr. Eis' minimum term of imprisonment was twenty years and the maximum term of imprisonment was life. Id. ¶ 112. However, because his sentencing guideline range of life imprisonment was higher than the statutory minimum sentence mandated by 21 U.S.C. § 841, Mr. Eis' sentence was not enhanced by his prior felony drug conviction reported in the § 851 Information. Mr. Eis was also not found to be an armed career criminal under the Armed Career Criminal Act (“ACCA”) or a career offender under the Sentencing Guidelines.

         Mr. Eis was sentenced to life imprisonment on counts 1 and 2, and to ten years on count 3, to be served concurrently. The life sentence was mandatory under the Sentencing Guidelines.[1]

         Mr. Eis appealed his conviction and sentence. The Eighth Circuit affirmed his conviction and sentence and found that: (1) Mr. Eis was responsible for 957.52 grams of methamphetamine for purposes of sentencing; (2) the obstruction of justice enhancement was warranted; and (3) the enhancement for being a ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.