Brewer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KRISTOPHER B. BRADLEY, No. 2:22-cv-2120 KJM AC P Petitioner, v. ORDER AND FINDINGS &

RECOMMENDATIONS

BREWER, Respondent. 16 Petitioner, a federal prisoner proceeding pro se, has filed a petition for a writ of habeas corpus in which he is attempting to challenge the legality of his sentence under 28 U.S.C. § 2241 because he argues that 28 U.S.C. § 2255 is not adequate or effective to test the legality of his detention. ECF No. 1. He argues that under Descamps v. United States, 570 U.S. 254 (2013), and Mathis v. United States, 579 U.S. 500 (2016), his prior conviction under Georgia’s aggravated assault statute no longer qualifies as a predicate offense under § 924(e), as held by the Eleventh Circuit’s decision in United States v. Moss, 920 F.3d 752 (11th Cir. 2019), opinion reinstated, 4 F.4th 1292 (11th Cir. 2021), and that he is therefore actually innocent of the ACCA enhancement. ECF No. 1 at 7-8. On May 8, 2023,…