Andrews

Lee v. Andrews

Good Law
37 F. App'x 334
United States Court of Appeals for the Ninth CircuitJune 17, 2002No. 01-15872; D.C. No. CV-00-06015-OWW; D.C. No. CR-94-44-DWHCalifornia342 words

Opinion

Lead Opinion

MEMORANDUM **

Maurice Kristian Lee, a federal prisoner, appeals pro se the district court’s dismissal of his 28 U.S.C. § 2241 petition. Lee challenges the legality of his conviction and sentence imposed after pleading guilty to conspiracy to possess with intent to distribute and to distribute cocaine and cocaine base, in violation of 21 U.S.C §§ 846 and 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 . 1 We review the district court’s dismissal of a *335 § 2241 petition de novo, Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir.1988), and we affirm.

Lee contends that he was a minor at the time he was involved with the drug conspiracy, and that this deprived the federal court of jurisdiction over him. This is a challenge to the legality of his conviction and sentence, and Lee has failed to demonstrate that 28 U.S.C. § 2255 is an inadequate or ineffective remedy. See Moore v. Reno, 185 F.3d 1054, 1055 (9th Cir.1999) (per curiam) (concluding that petitioner may not avoid the limitations imposed on successive petitions by styling his petition as one pursuant to 28 U.S.C. § 2241 ). Because Lee has not carried his burden of showing that a section 2255 motion would be…

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