Marrero v. Ives, et al., No. 09-16053 (9th Cir. 2012)
Annotate this CasePetitioner was charged with two counts of interference with interstate commerce by threat or violence and use of a firearm during the commission of a crime of violence. Several months after petitioner appealed the dismissal of his 28 U.S.C. 2255 motion as untimely, petitioner filed a pro se habeas petition under 28 U.S.C. 2241 in the jurisdiction in which he was then incarcerated. Concluding that petitioner had failed to make an adequate claim of actual innocence, the district court construed the petition as a section 2255 motion and dismissed it for lack of jurisdiction. Petitioner timely appealed. Because petitioner failed to meet the escape hatch criteria, he could not bring his claims in a section 2241 petition. Therefore, the court affirmed the district court's dismissal for lack of jurisdiction.
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