Powell v. Entezl
1:18-cv-00149
N.D.W. Va.Apr 20, 2021Background:
- Powell was convicted after a jury trial in 2005 on RICO, drug distribution conspiracies, obstruction/witness tampering, and money‑laundering charges and sentenced principally to life imprisonment.
- The Second Circuit affirmed convictions; sentencing court later amended judgment concerning the fine. Powell’s initial §2255 motion was denied.
- Powell sought leave to file a successive §2255 based on Johnson and later filed §2241 habeas in the Northern District of West Virginia (2018), arguing Montgomery/Alleyne/Wheeler entitle him to vacatur/resentencing.
- The Second Circuit denied leave to file a successive §2255; Powell also pursued other post‑conviction motions, and later obtained relief under the First Step Act and was released from BOP custody on October 4, 2019.
- Because Powell was released before resolution of the §2241 petition, the magistrate judge recommended the habeas petition be denied and dismissed as moot for lack of a live remedy.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of habeas petition | Powell seeks vacatur of his life sentence and resentencing under Montgomery/Alleyne | Powell was released from BOP custody (Oct. 4, 2019), so court cannot grant requested relief | Petition denied and dismissed as moot |
| Availability of §2255 remedy / ability to proceed under §2241 | §2255 is inadequate/ineffective to address his claims (invoking Wheeler), so §2241 is proper | Second Circuit denied leave for a successive §2255; procedural avenues existed | Court did not reach merits; dismissal on mootness |
| Retroactivity/effect of Montgomery and Alleyne on sentence | Montgomery renders Alleyne substantive and requires vacatur/resentencing | Not adjudicated in this proceeding due to mootness | Not reached; claim mooted by release |
Key Cases Cited
- Powell v. McCormick, 395 U.S. 486 (recognizing mootness in habeas context)
- Braden v. 30th Judicial Circuit Court, 410 U.S. 484 (habeas corpus acts against custodian)
- Blanciak v. Allegheny Ludlum Co., 77 F.3d 690 (3d Cir. 1996) (mootness principles)
- Montgomery v. Louisiana, 136 S. Ct. 718 (2016) (retroactivity of substantive rules)
- Alleyne v. United States, 570 U.S. 99 (2013) (facts increasing mandatory minimum are elements)
- United States v. Wheeler, 886 F.3d 415 (4th Cir. 2018) (addressing post‑conviction procedural issues)