United States v. Robert Louis Nicholas

15 F.3d 1093 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Robert Louis NICHOLAS, Defendant-Appellant. No. 93-55943. United States Court of Appeals, Ninth Circuit. Submitted Jan. 18, 1994. * Decided Jan. 21, 1994. Before: REINHARDT, O'SCANNLAIN and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Robert Louis Nicholas, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2255 habeas petition. We dismiss the appeal for lack of jurisdiction. 3 A federal prisoner may collaterally attack the legality of his conviction or sentence by filing a motion pursuant to 28 U.S.C. Sec. 2255 . See, e.g., Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir.) cert. denied, 488 U.S. 982 (1988). However, a federal prisoner who is attacking the manner of execution of his sentence, must file a habeas petition under 28 U.S.C. Sec. 2241 . United States v. Giddings, 740 F.2d 770, 772 (9th Cir.1984); Brown v. United States,…