Brown v. Warden, FCC Coleman - Low, No. 15-11335 (11th Cir. 2016)
Annotate this CasePetitioner, serving 3 concurrent 188-month sentences, appealed the district court's dismissal of his 28 U.S.C. 2241 petition brought pursuant to the 28 U.S.C. 2255(e) savings clause. At issue is the fourth prong of the jurisdictional test announced in Bryant v. Warden, FCC Coleman - Medium, which requires a petitioner to establish that his current detention exceeds the statutory maximum authorized by Congress. The court held that, in order to meet Bryant’s fourth prong, a section 2241 petitioner serving multiple concurrent sentences must demonstrate that his overall sentence exceeds the allowable statutory maximum for each of the counts of conviction. In other words, the petitioner must show that, as a result of sentencing error, he will be in prison-custody or detention for longer than any of his statutes of conviction authorize. In this case, petitioner cannot “open a portal” to the section 2255(e) savings clause because his 188-month sentence on his firearm offense, even if now illegal, is equivalent to and wholly concurrent with his 188-month drug sentences that are not illegal. Accordingly, the court affirmed the judgment.
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