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Teodoro Orozco-Castillo v. United States of America

January 13, 2011

TEODORO OROZCO-CASTILLO,
PETITIONER,
v.
UNITED STATES OF AMERICA, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Hon. Noel L. Hillman

NOT FOR PUBLICATION

OPINION

HILLMAN, District Judge

Teodoro Orozco-Castillo, a federal prisoner confined at FCI Fort Dix, filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. -§ 2241 challenging his imprisonment pursuant to a federal sentence imposed on May 12, 2004, by the United States District Court for the Western District of Missouri. Having thoroughly reviewed the Petition, as well as the docket in the underlying criminal proceeding, this Court will summarily dismiss the Petition for lack of jurisdiction.

I. BACKGROUND

Petitioner challenges his incarceration pursuant to an aggregate 240-month term of imprisonment imposed by judgment entered May 17, 2004, after a jury found him guilty of conspiring to distribute 50 grams or more of methamphetamine and aiding and abetting the possession of 50 grams or more of methamphetamine with the intent to distribute. See United States v. Orozco-Castillo, Crim. No. 03-0344-FJG-2 judgment (W.D. Mo. May 14, 2004). Petitioner appealed, arguing that his sentence violated the Sixth Amendment and United States v. Booker 543 U.S. 220 (2005). On April 22, 2005, the Eighth Circuit affirmed. See United States v. Orozco-Castillo, 404 F. 3d 1101 (8th Cir. 2005).

On April 14, 2006, Petitioner filed a motion pursuant to 28 U.S.C. -§ 2255 to vacate the sentence. See Orozco-Castillo v. United States, Civ. No. 06-0324 (FJG) order (W.D. Mo. June 28, 2006). By order entered June 28, 2006, the sentencing court denied relief.

Petitioner, who is now confined at FCI Fort Dix in New Jersey, executed a form -§ 2241 petition on January 4, 2011. Petitioner argues that 28 U.S.C. -§ 2255 is inadequate or ineffective for his claim that he is actually innocent because there was insufficient evidence to convict him. (Docket Entry #1, pp. 10-19.)

II. DISCUSSION

A. Jurisdiction

Section 2241 of Title 28 of the United States Code provides in relevant part:

(c) The writ of habeas corpus shall not extend to a prisoner unless-- . . . He is in custody in violation of the Constitution or laws or treaties of the United States.

28 U.S.C. -§ 2241(c)(3).

Generally, a challenge to the validity of a federal conviction or sentence must be brought under 28 U.S.C. -§ 2255. See Davis v. United States, 417 U.S. 333 (1974); Okereke v. United States, 307 F.3d 117, 120 (3d Cir. 2002). This is because 28 U.S.C. -§ 2255 expressly prohibits a district court from entertaining a challenge to a prisoner's federal sentence under -§ 2241 unless the remedy under -§ 2255 ...


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