Savage

PROCEEDINGS (in chambers): Order Denying Habeas Motion (CV #1 and CR #27) for Lack of Merit; Directing Entry of Separate Final Judgment; Directing Separate Certificate of Appealability Ruling; Terminating and Closing the Civil Case

Represented by counsel, federal prisoner James Lewis Savage (“petitioner”) initiated this action for a writ of habeas corpus pursuant to 28 U.S.C. section 2255 . The Court has reviewed the habeas corpus motion and accompanying memorandum, the respondent government’s opposition brief, the petitioner’s reply brief, the underlying federal indictments and judgments of conviction, and the applicable law. For the reasons that follow, the Court will deny the habeas petition.

To begin with, the Court finds that the parties’ briefs on both sides were excellent. Preliminarily, the Court agrees with petitioner that his habeas petition is not barred by the waiver of collateral-attack 1 rights in his plea agreement, is not *550 procedurally defaulted, and is not untimely. See Petitioner’s Opening Memorandum at 20-21 and Petitioner’s Reply (Doc 18) at 14-36. The Court further agrees with petitioner that the residual clause of the Career Offender Guideline’s…