Williams v. United States
Williams v. United States
Opinion of the Court
SUMMARY ORDER
Petitioner-appellant Rasheed Williams appeals from a judgment of the district court dismissing his habeas corpus petition under 28 U.S.C. § 2241 (2000). We assume the parties’ familiarity with the facts, proceedings below, and specification of issues on appeal.
We review de novo a district court’s judgment dismissing a habeas corpus petition. Guzman v. Tippy, 130 F.3d 64, 65 (2d Cir. 1997).
Collateral attacks on the imposition of a sentence, as opposed to the execution of that sentence, must be brought under 28 U.S.C. § 2255. Poindexter v. Nash, 333 F.3d 372, 377 (2d Cir. 2003). Williams argued in the district court and on appeal that his sentence was improperly ealculat
We have previously recognized that where a § 2255 petition would be procedural^ barred, a collateral attack under § 2241 will be permitted if necessary to address serious constitutional questions. Id. at 378. To raise such constitutional questions, the petitioner “must assert a claim of actual innocence that (a) is provable on the existing record, and (b) could not have effectively been raised at an earlier time.” Id. (quotation omitted). Actual innocence in a noncapital case means that the defendant did not commit the crime. Id. at 381. Williams’ arguments do not assert actual innocence of any crime. Instead, they raise only a legal argument as to the inclusion of one of the predicate convictions, an approach we have previously rejected. Id. at 382.
We therefore affirm the judgment of the district court.
Reference
- Full Case Name
- Rasheed A. WILLIAMS v. United States
- Cited By
- 1 case
- Status
- Published