Carina Leveriza v. Loy Hayes, Warden

98 F.3d 1346 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carina LEVERIZA, Petitioner-Appellant, v. Loy HAYES, Warden, Respondent-Appellee. No. 95-16752. United States Court of Appeals, Ninth Circuit. Submitted Sept. 20, 1996. * Decided Oct. 3, 1996. 1 Before: CANBY and FERNANDEZ, Circuit Judges and JONES, District Judge ** . 2 MEMORANDUM *** 3 Carina Leveriza, a federal prisoner, appeals pro se the district court's order dismissing her 28 U.S.C. § 2241 petition for a writ of habeas corpus challenging her conviction in the Middle District of Florida for conspiracy to manufacture and distribute MDMA. See 21 U.S.C. § 846 . The district court held that Leveriza should have initially filed a 28 U.S.C. § 2255 motion in the Middle District of Florida. We affirm. 4 A § 2255 motion provides for a challenge to a conviction or sentence on the ground that the judgment of the district court violated the United States Constitution or the laws of the United…