United States Ninth Circuit

The fact that petitioner cannot now raise a procedurally-barred actual innocence claim does not mean that the 28 U.S.C. section 2255 remedy is "inadequate or ineffective," where the claim could have been raised in an initial petition.

Appellate Information

• Argued 11/07/2002
• Decided 04/30/2003
• Published 04/30/2003

Judges

• Before:   SNEED, McKEOWN and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael L. Burke, Assistant Federal Public Defender, Phoenix, AZ, for the appellant.


• For Appellees:
  
• Michael A. Rotker, Assistant United States Attorney, Washington, DC, for the appellee.