CLICK HERE FOR FULL TEXT
LARRY CRADLER,
Petitioner-Appellant,
v.
UNITED STATES OF AMERICA,
Respondent-Appellee.
   No. 17-5046
Appeal from the United States District Court
for the Western District of Tennessee at Memphis.
Nos. 2:07-cr-20130-1; 2:14-cv-02339—Jon Phipps McCalla, District Judge.
Argued: March 15, 2018
Decided and Filed: June 5, 2018
Before: KEITH, KETHLEDGE, and THAPAR, Circuit Judges.


_________________________
OPINION
_________________________

DAMON J. KEITH, Circuit Judge. Petitioner-Appellant Larry Cradler (“Cradler”) was sentenced as an armed career criminal pursuant to the Armed Career Criminal Act (“ACCA”). Cradler collaterally attacked his sentence through a motion filed pursuant to 28 U.S.C. § 2255, asking the district court to vacate his sentence and re-sentence him. The district court denied Cradler’s motion, and this appeal followed. For the reasons set forth below, the district court’s decision is REVERSED and the case is REMANDED.



CLICK HERE FOR FULL TEXT
JOHN C. STOJETZ,
Petitioner-Appellant,
v.
TODD ISHEE, Warden,
Respondent-Appellee.
   No. 15-3116
Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 2:04-cv-00263—Gregory L. Frost, District Judge.
Argued: October 10, 2017
Decided and Filed: June 5, 2018
Before: BOGGS, CLAY, and KETHLEDGE, Circuit Judges.


_________________________
OPINION
_________________________

BOGGS, Circuit Judge. On April 25, 1996, while incarcerated at Madison Correctional Institution, John C. Stojetz and five other inmates stormed a unit housing the State’s juvenile offenders. State v. Stojetz, 705 N.E.2d 329, 333–34 (Ohio 1999). After overpowering the guard, Stojetz and the others proceeded to the cell of 17-year-old Damico Watkins, with whom they had had prior altercations, and attacked him. Ibid. While Watkins escaped the initial assault, he was hunted throughout the multi-level complex, cornered, and stabbed to death by Stojetz and another inmate while he pleaded for his life. Ibid. Evidence submitted at trial indicated that Stojetz and his accomplices—who were members of the Aryan Brotherhood—killed Watkins, who was black, due in part to his race. Ibid.

Stojetz was subsequently charged with one count of aggravated murder with prior calculation and design and with a death-penalty specification, namely, committing aggravated murder while a prisoner in a detention facility. Ibid. A jury found Stojetz guilty of the charge and the specification, and the trial court accepted its death-sentence recommendation. Ibid. Having exhausted his state-court appeals, Stojetz now brings this habeas corpus petition. The district court denied the petition, and for the following reasons, we affirm.