Benitez

Benitez v. FCI Phoenix

Good Law
27 F. App'x 917
United States Court of Appeals for the Ninth CircuitDecember 28, 2001No. 01-15181; D.C. No. CV-00-01864-EHCCalifornia589 words

Opinion

Lead Opinion

MEMORANDUM **

Maria Benitez appeals the district court’s dismissal of her 28 U.S.C. § 2241 habeas petition challenging the propriety of her federal conviction and sentence for attempting to possess with intent to distribute multiple kilograms of cocaine in violation of 21 U.S.C. § 846 . We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review the district court’s dismissal of a § 2241 petition de novo, see Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir. 1988), and we affirm.

Benitez filed an unsuccessful 28 U.S.C. § 2255 motion in Illinois and was denied a *918 certifícate of appealability. She then filed a 28 U.S.C. § 2241 motion in Arizona, the district of her incarceration, which the district court dismissed for lack of jurisdiction. Benitez appeals, contending that § 2255 is inadequate or ineffective, and therefore the district court had jurisdiction over her § 2241 petition. Her arguments are unpersuasive. See id. at 1161 (petitioner may not bring § 2241 petition unless § 2255 motion is inadequate or ineffective).

Benitez first contends that § 2255 is inadequate for her claim of violation of the International Covenant on Civil and Political Rights because § 2241…

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