Summary
Federal prisoner sought § 2241 habeas relief challenging a career-offender sentence enhancement, arguing that an intervening Fourth Circuit decision (Simmons) rendered his sentence illegal and that his appellate waiver made § 2255 inadequate. The Tenth Circuit held that an intervening change in law does not render § 2255 inadequate or ineffective under the savings clause of § 2255(e), and that an appellate waiver does not satisfy that standard. Because the petitioner failed to show § 2255 was inadequate or ineffective, the district court lacked statutory jurisdiction, and dismissal without prejudice was affirmed.
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Questions Presented
- Whether the district court had statutory jurisdiction under §2241 and the savings clause of §2255(e) when the petitioner argued that an intervening change in law (Simmons) made his sentence invalid, and whether the remedy under §2255 was inadequate or ineffective.
Holdings
- The savings clause does not apply because the petitioner failed to show that §2255 is inadequate or ineffective; an intervening change in law and an appellate waiver do not render §2255 inadequate.
Key quotations
“The savings clause doesn't guarantee results, only process.” (4)
“But an intervening change in how a provision is interpreted does not render § 2255 inadequate or ineffective.” (4)
Factual background
Petitioner pleaded guilty to possession with intent to distribute cocaine base and was sentenced to 360 months' imprisonment. He appealed, but the Fourth Circuit dismissed based on an appellate waiver. He then filed a §2255 motion, which was also dismissed based on the waiver. He filed additional §2255 and Rule 60(b) motions, which were dismissed as successive. He then filed a §2241 petition in the District of Kansas, arguing that his sentence was improperly enhanced based on a career offender classification that was later invalidated by Simmons.
Procedural history
Petitioner filed a §2241 habeas corpus petition in the District of Kansas challenging a sentence imposed by the Eastern District of North Carolina. The district court dismissed the petition without prejudice for lack of statutory jurisdiction. Petitioner appealed.