Moore v. Brewer

Summary

The court denied in part and dismissed in part Latrell S. Moore’s 28 U.S.C. § 2241 habeas petition challenging the calculation of his federal sentence and the validity of his firearms conviction. The court held that Moore had not exhausted administrative remedies, was not entitled to double credit for pretrial custody, and could not use § 2241 to challenge his conviction, particularly in light of his collateral-attack waiver and the limited effect of Executive Order 14206.

Holdings

1. A federal prisoner seeking § 2241 relief concerning execution of a sentence must first exhaust administrative remedies within the Bureau of Prisons; Moore's admitted failure to exhaust would independently warrant dismissal without prejudice.
2. A prisoner is not entitled to double credit for the same period of detention when that period has already been accounted for through a sentence reduction.
3. The court lacked jurisdiction under § 2241 to entertain Moore's challenge to the validity of his federal firearms conviction because the ordinary remedy for such a challenge is a motion under 28 U.S.C. § 2255.
4. A knowing and voluntary waiver of collateral attack is enforceable to bar a prisoner's § 2241 challenge to his conviction or sentence, including after a change in law.
5. Executive Order 14206 did not provide a legal basis to invalidate Moore's firearms conviction because it created no enforceable substantive or procedural right.

Questions Presented

1. Whether Moore was entitled under 28 U.S.C. § 2241 to additional prior-custody credit for time already accounted for through a 43-month sentence reduction.
2. Whether the court had jurisdiction under § 2241 to consider Moore's challenge to the validity of his federal firearms conviction.
3. Whether Moore's collateral-attack waiver barred his § 2241 challenge to his conviction or sentence.
4. Whether Executive Order 14206 supplied a basis to invalidate Moore's firearms conviction.

Disposition

dismissed