William J.r. Embrey, Appellant, v. Joe Class, Warden, South Dakota State Penitentiary, Appellee,william J.r. Embrey, Appellant, v. United States Parole Board; United States Parole Commission,appellees, 60 F.3d 830 (8th Cir. 1995)

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U.S. Court of Appeals for the Eighth Circuit - 60 F.3d 830 (8th Cir. 1995) Submitted: June 15, 1995Filed: June 30, 1995

Before LOKEN, HANSEN, and MURPHY, Circuit Judges.

PER CURIAM.


William Embrey timely appeals the district court's1  dismissal without prejudice of his 28 U.S.C. § 2241 petitions.

In his petitions, Embrey asserted that his conviction for a bank robbery involving a kidnapping constituted only a single offense, that he had completed in full his sentence for the offense, and that his continued incarceration under consecutive sentences for separate crimes of bank robbery and kidnapping was illegal. After reviewing the record, we conclude that Embrey is challenging the validity of his kidnapping conviction and sentence-a challenge properly asserted in a 28 U.S.C. § 2255 motion filed in the district court which imposed his sentence. See United States v. Hutchings, 835 F.2d 185, 187 (8th Cir. 1987).

Accordingly, the dismissal is affirmed.

 1

The Honorable Lawrence L. Piersol, United States District Judge for the District of South Dakota

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