Gholston

MEMORANDUM **

Everett Gholston, a federal prisoner, appeals pro se the district court’s dismissal of his 28 U.S.C. § 2241 petition challenging the legality of his sentence under Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review the district court’s dismissal of a § 2241 petition de novo, Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir.1988), and we affirm.

In general, 28 U.S.C. § 2255 provides the exclusive mechanism by which a federal prisoner may contest the legality of a sentence. Hernandez v. Campbell, 204 F.3d 861, 864 (9th Cir.2000). However, “a federal prisoner may file a habeas corpus petition pursuant to § 2241 to contest the legality of a sentence where his remedy under § 2255 is ‘inadequate or ineffective to test the legality of his detention.’ ” Id. at 864-65 (citing 28 U.S.C. § 2255 ). The burden is on the petitioner to show that the remedy is inadequate or ineffective. Redfield v. United States, 315 F.2d 76, 83 (9th Cir.1963).

Gholston appears to argue that a § 2255 motion would be prohibited as successive, therefore, it is inadequate or ineffective. However, this court has…