United States Ninth Circuit

In postconviction proceedings brought by a prisoner convicted of a federal firearms offense, an appeal of an order denying the prisoner's request for postconviction relief is dismissed the prisoner's request for a certificate of appelability under 28 USC section 2255 is denied, where: 1) the prisoner's claim was not a habeas petition under 28 USC section 2241 by virtue of the "escape hatch" provision of 28 USC section 2255, because the prisoner did not show plausible actual innocence; and 2) since the prisoner was not actually innocent, his section 2255 petition presented no issues that were "debatable among jurists of reason" or "adequate to deserve encouragement to proceed further."

Appellate Information

• Decided 04/03/2012
• Published 04/03/2012

Judges

• Graber

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David F. Ness, J. Bishop Grewell