(HC) Louthian v. United States

Good Law
United States District Court, Eastern District of CaliforniaJanuary 13, 20231:22-cv-00510California340 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

RAY D. LOUTHIAN, Case No. 1:22-cv-00510-SAB-HC

Petitioner,

ORDER FOR SUPPLEMENTAL BRIEFING

v.

UNITED STATES, Respondent.

16 Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 wherein he asserts that he is actually innocent of his sentence as a career offender because his prior South Carolina convictions are no longer qualifying predicates for United States Sentencing Guidelines § 4B1.2 enhancement in light of Descamps v. United States, 570 U.S. 254 (2013), and Mathis v. United States, 579 U.S. 500 (2016). Respondent has moved to dismiss the petition, arguing that Petitioner fails to satisfy the requirements to bring a § 2241 habeas petition under the escape hatch of § 2255(e). (ECF No. 6.) Petitioner filed an opposition, (ECF No. 9), but Respondent did not file a reply. The Court finds that a reply from Respondent addressing issues raised in the opposition would assist the Court in this matter. Accordingly, the…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.