Opinion
Civil Action No. 3:09cv291-WHA (WO).
May 28, 2009
ORDER
Upon review of the pleadings filed in this action, the court deems it appropriate to
ORDER counsel for the petitioner to file, on or before July 13, 2009, a memorandum in support of the petitioner's § 2255 motion addressing the following issues:
1. Whether, in light of Begay v. United States, 553 U.S. ___, 128 S.Ct. 1581 (2008), decided on April 16, 2008, the petitioner's prior conviction for felony DUI in Alabama continues to be classified as a violent felony under 18 U.S.C. § 924(e)(2)(B)?
2. Whether, if the petitioner's prior felony DUI conviction is no longer classified as a violent felony under § 924(e)(2)(B), the declassification should be applied retroactively in this action under 28 U.S.C. § 2255?
3. Whether, if the declassification is applied retroactively, the petitioner's motion is time-barred under the provisions of 28 U.S.C. § 2255 or otherwise subject to the doctrine of procedural default?
4. Whether the "actual innocence" doctrine applies within the context of challenging a prior conviction used to classify a defendant as an armed career criminal?