Dohrmann

MEMORANDUM **

Bernhard Dohrmann appeals from the district court’s denial of his pro se Motion to Modify Original November 1995 Sentence to Time Served; Emergency Motion for Stay of Execution of Original Sentence; and Motion for Court Appointed Legal Counsel. He argues that the $1,034,000 restitution obligation imposed with his 1995 contempt conviction violates the rule announced in Apprendi v. New Jersey, 530 U.S. 466 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000), because the facts upon which the district court based its restitution order were not proved to a jury beyond a reasonable doubt. Dohrmann served twenty-seven months in prison and remains on supervised release, but he did not chal *880 lenge the legality of his conviction or sentence in his motion.

We construe Dohrmanris motion as a petition for habeas corpus under 28 U.S.C. § 2241 . We have jurisdiction to review the district court’s denial of his motion under 28 U.S.C. §§ 1291 and 2253(a). Because it is not clear from the record that the district court had jurisdiction over Dohrmann’s motion under § 2241, we vacate and remand to the district court so that it may consider whether it has jurisdiction and, if not, whether it…