Case Information
*1 FILED
Case 7:22-cv-08037-ACA Document 25 Filed 05/13/25 Page 1 of 2 2025 May-13 AM 11:40 U.S. DISTRICT COURT
N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION JEFFREY SCOTT KAILING, ] ] Movant, ] ] v. ] Case No.: 7:22-cv-8037-ACA ] UNITED STATES OF AMERICA, ] ] Respondent. ]
ORDER Movant Jeffrey Scott Kailing was convicted of being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1), and sentenced to 204 months’ imprisonment based on a binding plea agreement and application of a sentence enhancement under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). United States v. Kailing , No. 20-223, doc. 28 at 1–2 (N.D. Ala. Sept. 30, 2021). [1] Mr. Kailing’s operative 28 U.S.C. § 2255 motion to vacate sentence asserts the following claims: (1) his sentence exceeds the statutory maximum because he was not eligible for the ACCA enhancement; and (2) trial counsel provided ineffective assistance by failing to adequately research, advise Mr. Kailing about, and object to the ACCA enhancement. (Doc. 11 at 4; doc. 15 at 4, 7; see doc. 18). The government
*2 Case 7:22-cv-08037-ACA Document 25 Filed 05/13/25 Page 2 of 2 has filed responses arguing that Mr. Kailing was eligible for the ACCA enhancement and trial counsel did not provide ineffective assistance. (Docs. 3, 24).
Appointment of counsel and additional briefing will assist the court’s resolution of this proceeding. See 18 U.S.C. § 3006A(a)(2)(B). The court DIRECTS the Clerk of Court to appoint Mr. Kailing an attorney selected from the Criminal Justice Act Panel.
Appointed counsel must file a reply to the government’s response on or before June 24, 2025. DONE and ORDERED this May 13, 2025. _________________________________ ANNEMARIE CARNEY AXON UNITED STATES DISTRICT JUDGE
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NOTES
[1] The court cites documents from Mr. Kailing’s criminal proceeding as “ Kailing doc. __.”