United States District Court, E.D. Arkansas, Eastern Division
PROPOSED FINDINGS AND RECOMMENDATIONS
JEROME T. KEARNEY, Magistrate Judge.
The following recommended disposition has been sent to United States District Court Judge J. Leon Holmes. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. An original and one copy of your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of the findings and recommendations. The copy will be furnished to the opposing party. Failure to file timely objections may result in waiver of the right to appeal questions of fact.
If you are objecting to the recommendation and also desire to submit new, different, or additional evidence, and to have a hearing for this purpose before the District Judge, you must, at the same time that you file your written objections, include the following:
1. Why the record made before the Magistrate Judge is inadequate.
2. Why the evidence proffered at the hearing before the District Judge (if such a hearing is granted) was not offered at the hearing before the Magistrate Judge.
3. The detail of any testimony desired to be introduced at the hearing before the District Judge in the form of an offer of proof, and a copy, or the original, of any documentary or other non-testimonial evidence desired to be introduced at the hearing before the District Judge.
From this submission, the District Judge will determine the necessity for an additional evidentiary hearing, either before the Magistrate Judge or before the District Judge.
Mail your objections and "Statement of Necessity" to:
Clerk, United States District Court Eastern District of Arkansas 600 West Capitol Avenue, Suite A149 Little Rock, AR XXXXX-XXXX
This matter is before the undersigned United States Magistrate Judge of the District Court on the petition of federal prisoner Perry Williams for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Docket Entry #1, Petition) Petitioner is a federal prisoner incarcerated in Forrest City (Arkansas). He was convicted in 1993 of conspiracy to distribute narcotics, and he was sentenced by the United States District Court for the Northern District of Mississippi (Oxford Division) to life imprisonment. United States v. Perry Williams, Case No. 4:93CR00021-002 GHD-DAS (N.D. Miss. 1993). In 2011, Petitioner received a reduction in his sentence pursuant to 18 U.S.C. §3582(c)(2) from life to 360 months.
Beginning in 1997, Petitioner filed a litany of motions under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. Williams v. United States, Case Nos. 3:97CV00060 GHD and 4:93CR00021-002 GHD-DAS, 1998 WL 378374 (N.D. Miss. 1998). The initial motion was denied by the district court and affirmed on appeal by the Fifth Circuit Court of Appeals. United States v. Williams, 204 F.3d 1115 (5th Cir. 1999). Permission to submit a successive motion under 28 U.S.C. § 2255 was denied.
In the current petition, Petitioner does not challenge his federal conviction or sentence but instead seeks to challenge a February 1988 Mississippi state conviction for aggravated assault on grounds of ineffective assistance of counsel and actual innocence. He claims that this 1988 conviction was used to enhance his federal sentence. In a Response filed December 18, 2013, Respondent asserts that the Court lacks subject matter jurisdiction over Petitioner's petition because he is not challenging the execution of his federal sentence nor the conditions of his confinement in ...