United States Sixth Circuit

Petitioner's challenge is to the legality of his detention, and the 28 U.S.C. section 2255 "savings clause" may only be applied to a claim of actual innocence. Petitioner may not rely upon the International Covenant on Civil and Political Rights to circumvent that requirement.

Appellate Information

• Decided 04/07/2003
• Published 04/07/2003

Judges

• Before:  MARTIN, Chief Circuit Judge;  ROGERS, Circuit Judge;  EDMUNDS, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Cheryl J. Sturm (argued and briefed), Chadds Ford, PA, for Appellant.


• For Appellees:
  
• John Patrick Grant (argued and briefed), Assistant United States Attorney, Lexington, KY, for Appellee.