Cortes-Morales v. Hastings, No. 13-13659 (11th Cir. 2016)Annotate this Case
Petitioner, convicted of being a felon in possession of a firearm, seeks to invalidate his sentence on the ground that he no longer qualifies for a mandatory sentencing enhancement. Petitioner filed his petition under 28 U.S.C. 2241, seeking to obtain the benefit of revised New York sentencing laws, enacted in 2004 and 2009, which had the effect of retroactively lowering the penalties for certain drug offenders. See the Drug Law Reform Act of 2004, 2004 N.Y. Laws ch. 738, and the 2009 Drug Law Reform Act , N.Y. Crim. Proc. 440.46. The district court determined that petitioner lacked jurisdiction to hear the claim. The court affirmed the judgment of the district court because petitioner admits that he is not eligible for resentencing under the revised New York sentencing laws.