United States Second Circuit

Since none of petitioner's claims challenged the execution of his sentence, rather than the its constitutionality, his section 2241 petition is construed as a motion for relief under section 2255 that did not constitute a limited exception, given his previously unsuccessful section 2255 motion and cert. petition. Ineffective assistance of counsel fails since it lacks any viable assertion that he was actually innocent of the crimes for which he was convicted.

Appellate Information

• Decided 06/26/2003
• Published 06/26/2003

Judges

• KEARSE, Circuit Judge., Before:  OAKES, KEARSE, and B.D. PARKER, Jr., Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Cheryl J. Sturm, Chadds Ford, Pennsylvania, for Petitioner-Appellant.


• For Appellees:
  
• Barbara D. Cottrell, Senior Litigation Counsel, Albany, New York (Joseph A. Pavone, United States Attorney for the Northern District of New York, Charles E. Roberts, Assistant United States Attorney, Albany, New York, on the brief), for Respondent-Appellee.