Hinojosa v. Morrison
Opinion
Ruben Hinojosa, federal prisoner # 64378-079, appeals the denial of his 28 U.S.C. § 2241 habeas petition challenging the sentence imposed following his guilty plea conviction for conspiracy to possess with intent to distribute marijuana. Hinojosa was sentenced to a term of imprisonment of 151 months, to be followed by a five-year term of supervised release.
Hinojosa argues that he is entitled to seek relief under 28 U.S.C. § 2241 based on the savings clause of 28 U.S.C. § 2255 because he was foreclosed from raising an Apprendi ** claim at the time of his guilty plea. He argues that 28 U.S.C. § 2255 does not provide him with an adequate remedy and that the failure to address his claims would result in a miscarriage of justice.
Hinojosa’s Apprendi claims do not satisfy the test for filing a 28 U.S.C. § 2241 petition under 28 U.S.C. § 2255’s “savings clause.” Wesson v. U.S. Penitentiary, Beaumont, TX, 305 F.3d 343, 347 (5th Cir . 2002); Reyes-Reguena v. United States, 243 F.3d 893, 904 (5th Cir. 2001). Accordingly, the district court’s denial of Hinojosa’s 28 U.S.C. § 2241 habeas petition is AFFIRMED.
Reference
- Full Case Name
- Ruben HINOJOSA, Petitioner-Appellant, v. Marvin MORRISON, Warden, Respondent-Appellee
- Cited By
- 1 case
- Status
- Unpublished