Amodeo v. FCC Coleman - Low Warden, No. 17-15456 (11th Cir. 2021)Annotate this Case
The Eleventh Circuit affirmed the district court's dismissal of a 28 U.S.C. 2241 petition for writ of habeas corpus based on a claim of actual innocence. The court held that the district court properly dismissed the section 2241 petition for lack of jurisdiction because a claim of actual innocence does not fit within the narrow confines of the saving clause where petitioner could have presented it in his first 28 U.S.C. 2255 motion to vacate, and that motion would have been an adequate and effective mechanism to test his claim. The court explained that this is so even though binding precedent prohibits granting postconviction relief in a non-capital case based on a claim of actual innocence.