United States District Court, D. New Jersey
TIMOTHY R. DEFOGGI, Petitioner,
UNITED STATES OF AMERICA, Respondent.
Timothy R. DeFoggi, 56316-037 Fort Dix Federal Correctional
Institution Petitioner Pro se
Andrew Ruymann, Chief, Civil Division Susan R. Millenky, AUSA
Office of the U.S. Attorney Counsel for Respondent
L. HILLMAN, U.S.D.J.
Timothy DeFoggi, a prisoner presently confined at FCI Fort
Dix, New Jersey, filed this Petition for Writ of Habeas
Corpus under 28 U.S.C. § 2241, arguing that he was
“wrongly convicted of at least (3) imaginary
crimes.” ECF No. 1 at 1 (emphasis in original). He
filed a motion for immediate relief and a motion to expedite.
ECF Nos. 2, 10, & 16. Respondent United States filed a
Motion to Dismiss arguing that the Petition should be
dismissed for lack of jurisdiction. ECF No. 14. Petitioner
opposes the motion to dismiss. ECF No. 15. The Motion is now
ripe for disposition. For the reasons that follow, the Court
will grant the motion to dismiss. Petitioner's motions
will be terminated.
in the United States District Court for the District of
Nebraska convicted Petitioner of knowingly engaging in a
child exploitation enterprise, 18 U.S.C. § 2252A(g);
conspiracy to advertise child pornography, 18 U.S.C.
§§ 2251(d)(1), (e); conspiracy to distribute child
pornography, 18 U.S.C. §§ 2252A(a)(2), (b)(1); and
knowingly accessing a means or facility of interstate
commerce to view child pornography, 18 U.S.C. §
2252A(a)(5)(B). United States v. DeFoggi, No.
8:13CR105 (D. Neb. Jan. 6, 2015). The Eighth Circuit reversed
the exploitation enterprise conviction and remanded for
resentencing. United States v. DeFoggi, 839 F.3d
701, 709-11, 713 (8th Cir. 2016).
resentencing, the district court gave Petitioner 75- months
for each of the affirmed convictions to be served
consecutively, resulting in a total term of 300 months.
DeFoggi, No. 8:13CR105 (D. Neb. Feb. 8, 2017)
(amended judgment of conviction). The Eighth Circuit
affirmed. United States v. DeFoggi, 878 F.3d 1102
(8th Cir.) (per curiam), cert. denied, 138 S.Ct.
filed a motion to correct, vacate, or set aside his federal
sentence under 28 U.S.C. § 2255 raising sixteen
ineffective assistance of counsel claims on September 4,
2018. The sentencing court denied the motion on September 11,
2018. United States v. DeFoggi, No. 8:13CR105, 2018
WL 4354951 (D. Neb. Sept. 11, 2018), judgment
entered, No. 8:13CR105, 2018 WL 4361916 (D. Neb. Sept.
11, 2018). The Eighth Circuit denied a certificate of
appealability. United States v. DeFoggi, No. 18-3172
(8th Cir. July 2, 2019). This § 2241 petition followed.
argues that his convictions are invalid. He presents four
grounds for this Court's review: (1) the indictment was
unconstitutionally vague; (2) the District of Nebraska lacked
jurisdiction over his criminal trial; (3) his trial and
appellate counsels were ineffective; and (4) the charges
violated the First Amendment because the conduct at issue was
only “fantasy.” ECF No. 1 at 9-82.
United States now moves to dismiss the petition based on a
lack of jurisdiction under § 2241. ECF No. 14. It argues
the claims raised in the petition may only be brought in a
§ 2255 proceeding and that Petitioner does not qualify
for the savings clause of § 2255(e). Petitioner opposes
the motion. ECF No. 15.