The opinion of the court was delivered by: JEROME SIMANDLE, District Judge
Petitioner Angelo B. Perry, a federal prisoner currently
confined at the Federal Correctional Institution at Fairton, New
Jersey, has submitted a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2241,*fn1 challenging the conviction
and sentence pursuant to which he is confined. Because this Court lacks jurisdiction to consider this
Petition, and it is not in the interest of justice to transfer
the Petition, this Court will dismiss the Petition, without
prejudice, for lack of jurisdiction.
The following background facts are taken from the Petition and
attachments, and are accepted as true for purposes of this
Opinion and accompanying Order.
On June 7, 1993, Petitioner pleaded guilty in the U.S. District
Court for the Middle District of Georgia to possession of cocaine
base with intent to distribute, in violation of
21 U.S.C. § 841(a). On November 8, 1993, he was sentenced to a term of
imprisonment of 163 months, pursuant to which he remains
Petitioner filed a motion to vacate, set aside, or correct
sentence pursuant to 28 U.S.C. § 2255, which was denied. The
denial was affirmed on appeal to the Court of Appeals for the
Eleventh Circuit. In its opinion, entered March 17, 1997, the
Court of Appeals described the evidence supporting his
conviction, including some evidence which Petitioner states was
not included in the indictment or provided to his counsel before
Petitioner entered his guilty plea.
On April 27, 2005, this Court received Petitioner's § 2241
habeas Petition, dated April 23, 2005, alleging (1) that his guilty plea was not made knowingly and voluntarily, because he
was not aware of the information referred to by the Court of
Appeals in its March 17, 1997, opinion and (2) that his sentence
is illegal, because it is based upon information contained in the
pre-sentence report, respecting the nature of the conspiracy and
the amount of cocaine involved in the conspiracy, that he did not
admit to during the guilty plea and that were not found by a jury
beyond a reasonable doubt.*fn2 Petitioner cites United
States v. Booker, 125 S.Ct. 738 (2005), in support of his
argument that the mandatory minimum sentence imposed pursuant to
the U.S. Sentencing Guidelines is invalid.*fn3
Petitioner has filed two Motions for leave to file an Amended
Petition, (Docket Entries Nos. 2, 4), neither of which raises claims different from those asserted in the original
Petition. Accordingly, the motions for leave to file amended
petitions will be denied.
In addition, Petitioner has moved (Docket Entry No. 8) to alter
or amend this Court's Order entered July 21, 2005, denying the
Motion for Bail. This Court's disposition of the Petition renders
this motion moot.
"Habeas corpus petitions must meet heightened pleading
requirements." McFarland v. Scott, 512 U.S. 849, 856 (1994). A
petition must "specify all the grounds for relief" and set forth
"facts supporting each of the grounds thus specified." See
28 U.S.C. § 2254 Rule 2(c) (amended Dec. 1, 2004), applicable to §
2241 petitions through Habeas Rule 1(b).
A court presented with a petition for writ of habeas corpus
"shall forthwith award the writ or issue an order directing the
respondent to show cause why the writ should not be granted,
unless it appears from the application that the applicant or
person detained is not entitled there." 28 U.S.C. § 2243. Thus,
"Federal courts are authorized to dismiss summarily any habeas
petition that appears legally insufficient on its face."
McFarland, 512 U.S. at 856; see also United ...