United States Tenth Circuit

Petitioner's motion for leave to file a second or successive habeas petition under 28 U.S.C. section 2254, requesting permission to file a third collateral challenge to his 1995 military conviction, is dismissed as unnecessary where: 1) section 2254 was inapplicable, and instead section 2241 applies; 2) section 2244(a) does not apply when a prisoner is challenging a military court-martial conviction; and 3) thus, there was no basis to conclude that petitioner needed to obtain authorization from the circuit court to file his proposed section 2241 petition in the district court.

Appellate Information

• Decided 03/15/2007
• Published 03/16/2007

Judges

• Before KELLY, HENRY, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Edwin Mark Ackerman, Buena Vista, CO, pro se., Glen R. Anstine, Denver, CO, for Movant.


• For Appellees:
  
• Paul Farley, Troy A. Eid, U.S. Attorney, Office of the United States Attorney, Denver, CO, for Respondent.