Reynosa
Reynosa v. Hood
Opinion
Lead Opinion
MEMORANDUM **
Federal prisoner Rueben-AIbert Reynosa appeals pro se the district court’s dismissal of his 28 U.S.C. § 2241 habeas petition challenging his conviction and sentence following a guilty plea to unarmed bank robbery, in violation of 18 U.S.C. § 2113 (a), aiding and abetting, in violation of 18 U.S.C. § 2 , and conspiracy to commit bank robbery, in violation of 18 U.S.C. § 371 . We have jurisdiction pursuant to 28 U.S.C. § 2253 , review de novo the district court’s denial of a § 2241 petition, Moore v. Reno, 185 F.3d 1054 (9th Cir.1999) (per curiam), and affirm.
Reynosa contends the district court erred by dismissing his § 2241 petition because he can no longer file a timely § 2255 motion, and the one-year statute of limitations under 28 U.S.C. § 2244 (d) renders 28 U.S.C. § 2255 an inadequate and ineffective remedy to test the legality of his detention. Reynosa also contends that the district court lacked subject matter jurisdiction with respect to his underlying offense. Because Reynosa’s procedural contention is without merit, we need not consider his jurisdictional contention.