United States District Court, S.D. Indiana, Terre Haute Division
ENTRY DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS
PURSUANT TO 28 U.S.C. § 2241
William T. Lawrence, Senior Judge
Andre Badley, a federal inmate, seeks a writ of habeas corpus
pursuant to 28 U.S.C. § 2241 arguing that his sentence
was improperly enhanced. During the pendency of this case,
Mr. Badley's sentence was reduced under the First Step
Act. Accordingly, his petition for a writ of habeas corpus is
denied as moot.
1997, Badley was convicted by a jury in the Northern District
of Ohio of possession with intent to distribute approximately
114.33 grams of crack cocaine, in violation of 21 U.S.C.
§ 841(a)(1), and possession with intent to distribute
approximately 123.29 grams of cocaine, in violation of 21
U.S.C. § 841(a)(1). United States v. Badley,
No. 1:95-cr-125 (N.D. Ohio June 18, 1997) (Crim. Dkt.) Dkt.
117. The government filed a supplemental Information,
pursuant to 21 U.S.C. § 851 charging Badley with three
prior felony drug convictions. Id. at 101. Those
1) March 23, 1993 - Trafficking in Drugs, Cuyahoga County
Common Pleas Court, Cleveland, Ohio, Case #CR290301, 12
months' imprisonment. Dkt. 24 (“PSR”) ¶
2) March 22, 1993 - Drug Abuse, Cuyahoga County Common Pleas
Court, Cleveland, Ohio, Case #CR285141, 12 months'
imprisonment. PSR ¶ 32; and
3) March 22, 1993 - Drug Abuse, Cuyahoga County Common Pleas
Court, Cleveland Ohio, Case #CR286955, 12 months'
imprisonment. PSR ¶ 33.
presentence report found that under U.S.S.G. § 2D1.1,
Badley had a total offense level of 32. PSR ¶ 23. Badley
was found to have a criminal history category of VI, PSR
¶ 40, and his guideline range was 210-262 months'
imprisonment. PSR ¶ 60. But Badley faced a mandatory
minimum penalty of life imprisonment based on his prior
felony drug convictions. Id.
September 18, 1997, Badley was sentenced to that mandatory
minimum of life imprisonment. Crim. Dkt. 125. Badley appealed
his conviction and sentence, and the Sixth Circuit affirmed
his conviction and sentence. United States v.
Badley, 178 F.3d 1296 (6th Cir. 1999) (unpublished).
filed several challenges to his sentence, most of which were
unsuccessful. See generally Crim. Dkt.
August 31, 2017, Badley filed this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241 based on the
Supreme Court decision in Mathis v. United States,
136 S.Ct. 2243 (2016). Dkt. 1, 11.
on January 7, 2019, Badley filed in his criminal case a
motion to reduce his sentence under the First Step Act. Crim.
Dkt. 247. That motion was granted on February 15, 2019, and
Badley's sentence was reduced to 120 months. Crim. Dkt.
250. Because Mr. Badley had already served more than 24 years
of imprisonment, he was released immediately. See
challenges in this case the enhancement of his sentence to
life under § 851. Since his motion to reduce sentence
was granted and he is no longer subject to § 851