United States Ninth Circuit

Dismissal of petitioner's 28 U.S.C. section 2241 habeas petition for lack of jurisdiction is affirmed where petitioner did not establish that his petition was a legitimate section 2241 petition brought pursuant to the escape hatch of section 2255, and thus the circuit court lacked jurisdiction under section 2241 to hear the appeal.

Appellate Information

• Decided 03/20/2008
• Published 03/20/2008

Judges

• Before:  J. CLIFFORD WALLACE, THOMAS G. NELSON, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kurt David Hermansen, Law Office of Kurt David Hermansen, San Diego, CA, for the petitioner-appellant.


• For Appellees:
  
• Carol C. Lam, United States Attorney;  Bruce R. Castetter, Lawrence E. Spong, Assistant United States Attorneys, San Diego, CA, for the respondent-appellee.