John Lee Ivy v. Stephen F. Pontesso

OVERVIEW

John Lee Ivy (“Ivy”) petitioned the district court for a writ of habeas corpus under 28 U.S.C. § 2241 . He claims that he is actually innocent of the crime for which he was convicted — engaging in a continuing criminal enterprise (“CCE”)— but is unable to raise this claim under 28 U.S.C. § 2255 . Ivy claims that this renders § 2255 an “inadequate or ineffective” remedy, and that he is thereby entitled to seek relief under § 2241. The district court held that Ivy had not demonstrated that § 2255 was an “inadequate or ineffec-five” remedy, and thus rejected his petition to proceed under § 2241. The court then dismissed his claim. We review that dismissal and affirm.

BACKGROUND

In 1993, a federal grand jury in the Eastern District of Missouri returned a fifteen-count indictment charging Ivy and twelve others with conducting an illegal drug organization. Ivy was charged in Counts I, II, III, V and XIV. Count V, which is the subject of the present petition, charged Ivy with engaging in a continuing criminal enterprise in violation of 21 U.S.C. § 848 (a)(1).

A person is guilty of engaging in a continuing criminal enterprise if he commits a “continuing series of…