Whether Petitioner is being held unlawfully in state custody in violation of the Constitution

QUESTION PRESENTED FOR REVIEW , Whether Petitioner is being held unlawfully in state custody in violation of the Constitution . of the United States where his natural life sentence under the Illinois Habitual Criminal Statute is unconstitutional and violates the Fourteenth Amendment's void for vagueness doctrine prohibited under due process principles of the United States Constitution. 2 4 . POINTS AND AUTHORITIES , Bousley v. United States, 523 U.S. 614, 620, 118 S.Ct. 1604 (1998) P.6 a Connally v. general cons. Co., 269 U.S. 385, 391, 46 S.Ct. 126 (1926) P.3 a In re Detention of Liberman, 201 Tl.2d 308, 267 Ill. Dec. 728, 764 N.E. 2d 19 (2002) P.7 Johnson v. United States, 135 $.Ct. 2551 (2109) . PLP. 3,4,5,6 Kolender v, Lawson, 103 .Ct. 1855 (1983) _ . PT Mathis v. United States, 136 s. S.Ct. 2243 (2016) . P.5 Michigan Avenue Bank v. County of Cook, 191 1i.2d 493, 503-04, 247 Ill.Dec. 473 N.E..528 (2000) . . PP. 6,7 Montgomery v. Louisiana, 136 S.Ct. 734 co P.6 ; People v. Britt-E1,206 2d 339, 236 Ill.Dec. 309, 744 N.E.2d 204 , , P.4 People v. Brown, 225 Il1.2d 188 (2007) I . Pe People v. Christensen, 102 Tl.2d 321 (1984) . P.7 People y. Ligon, 2016 IL 18023 (2016) P.6. People v. McDonald, 846 N.E. 2d 690 . P.3 People v. Pitsonbarger, 205 Ill. 2d 444, 460, 275 Ill. Dec. 838, 793 N.E. 2d 609 (2002). -P.4 State v. Kilmer, 808 S. e. 2d 867 (W.VA 2017) | 7 P.7 . Welch v. United States, 136 S.Ct. 1257 (2016) . P.P. 3, 4, 6 United States v. Batchelder, 442 U.S. 114, 123, 99 S.Ct. 2198 (1979) / P.3 United States v. Williams, 128 S.Ct. 1830 (2008) . P.6 3 . . JURISDICTION Following a Jury Trial in 1995, petitioner was convicted of Criminal Sexual Assault and sentenced to natural life imprisonment as a:habitual criminal (720 ILCS 5/33B-1 (West 1994). On September 10, 2015 petitioner filed a pro se motion fpr leave to file a Successive Post Conviction which was denied on 4/29/2016. Petitioner appealed to the First::District Appellate::Court and was denied on April 1, 2018. Petitioner appealed to the Illinois Supreme Court and was denied review on March 20, 2019; Petitioner applied for leave to ' file a Successive Habeas Corpus Petition in the United States Court of Appeals for the Seventh Circuit on April 22, 2019 and:was denied on April 29, 2019. Therefore, the Court has jurisdiction pursuant to 28 U.S.C. $1651 and this Court's Bulew20.4(a). . CONSTITUTIONAL PROVISION INVOLVED . The Fourteenth Amendment provides that, "no person shall. be deprived of life, liberty or property, without due process of: law." _ STATUTE INVOLVED — * 720 ILCS 5/12-13, ow 720 ILCS 5111-1.20 (a) (1) (3) 720 ILCS 5/33B-1. (a) ; STATEMENT OF CASE 1. Defendant Donald McDonald appeals from an order of the Circuit Court of Cook County denying his pro se motion fro leave to file his fifth successive petition for relief under the Post Conviction Hearing Act (Act)(725 ILCS 5/122-1 et seq. (West 2014)). . 2. Following a 1995 jury trial,. defendant was convicted of criminal sexual assault and sentenced to natural life imprisonment as a habitual eriminal (720 ILCS. 5/33B-1 West ' -° 1994)). On direct appeal, this court affirmeu that judgment. People v. ‘McDonald, No. 1-95-2669 (1996) (unpublished order under Supreme Court Rule 23)0 0° 77 0 ~ . REASON FOR GRANTING PETITION . Granting petition's writ will be ine aid of the court's appellate jurisdiction, by demonstrating equal protection principles through the consistent exercise of the court's recent holdings in Johnson v. United States, 135 S.Ct. 2551 (2015) and Welch v. United States, 136 S.Ct. 1257 (2016) to the Seventh Circuit Court of appeals who manifestly abused its discretion in denying McDonald leave to file a Successive Habeas Corpus petition: based onthe Illinois HabitualiCriminal Act's (3 strikes. law) multi definition of "violent felony" as seen in the title of the statute, (720 ILCS 5/33B-1) (West 1994) opposed to the element's cause listing of crimes which are broader than the title's alternative fa