Thompson

(HC) Johnson v. Thompson

Good Law
United States District Court, Eastern District of CaliforniaSeptember 22, 20202:20-cv-01147California883 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL JOHNSON, No. 2:20-cv-1147-EFB P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

P. THOMPSON, Respondent. 16 Michael Johnson (“petitioner”), proceeding without counsel, has filed a motion pursuant to 28 U.S.C. § 2241 which attacks the legality of his sentence. ECF No. 1. For the reasons stated hereafter, the petition must be dismissed. Background Petitioner challenges a conviction obtained against him in 2011 in the federal district court for the middle district of Tennessee. ECF No. 1. He claims that, following the Supreme Court’s decision in Johnson v. United States, 135 S. Ct. 2551 (2015), his sentencing designation as an Armed Career Criminal cannot stand. ECF No. 1 at 8. As an initial matter, the court must determine whether section 2241 is an appropriate vehicle for the claim petitioner seeks to bring. Challenges to the legality of a federal prisoner’s…

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