KEVIN J. MCCORMICK v. SANDRA BUTLER, WARDEN - Articles

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KEVIN J. MCCORMICK v. SANDRA BUTLER, WARDEN

Posted by: Karen Belcher on Oct 6, 2020

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Kirti Datla, HOGAN LOVELLS US LLP, Washington, D.C., for Appellant.

Attorneys 2: ARGUED: Kyle M. Melloan, UNITED STATES ATTORNEY’S OFFICE, Lexington, Kentucky, for Appellee.

Attorneys 3: ON BRIEF: Kirti Datla, HOGAN LOVELLS US LLP, Washington, D.C., for Appellant.

Attorneys 4: ON BRIEF: Kyle M. Melloan, Charles P. Wisdom, Jr., UNITED STATES ATTORNEY’S OFFICE, Lexington, Kentucky, for Appellee.

Attorneys 5: ON BRIEF: Kevin J. McCormick, Manchester, Kentucky, pro se.

Judge(s): GRIFFIN, STRANCH, and DONALD, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Eastern District of Kentucky at London

JANE B. STRANCH, Circuit Judge. The district court sentenced Petitioner Kevin McCormick under a provision of the Armed Career Criminal Act (ACCA), 18 U.S.C. § 924(e)(1), that does not apply to him. Under the misapplied enhancement, McCormick is serving a sentence that exceeds the maximum sentence prescribed by Congress for his offense. The district court incorrectly concluded that McCormick could not bring a habeas petition under 28 U.S.C. § 2241 to challenge his illegal sentence. We REVERSE the district court’s denial of habeas relief, VACATE McCormick’s sentence, and REMAND so that the district court may impose a sentence that does not exceed the statutory maximum.

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