Darren C. Mortensen v. Calvin Morton

21 F.3d 1114 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Darren C. MORTENSEN, Petitioner-Appellant, v. Calvin MORTON, Respondent-Appellee. No. 93-17008. United States Court of Appeals, Ninth Circuit. Submitted April 20, 1994. * Decided April 25, 1994. Before: POOLE, BEEZER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Darren Mortensen, a federal prisoner, appeals pro se the district court's denial of his 28 U.S.C. Sec. 2241 petition for habeas corpus. We review de novo, Grady v. Crabtree, 958 F.2d 874, 874 (9th Cir.1992) (per curiam), and affirm. 3 The district court properly dismissed Mortensen's section 2241 petition. Although this petition is presented as a petition for habeas corpus, it directly challenges Mortensen's conviction. A challenge to a federal conviction is most appropriately brought as a motion under 28 U.S.C. Sec. 2255 . Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir.), cert. denied, 488 U.S. 982 (1988). Only a sentencing court has jurisdiction…