Edwin Marrero v. Richard Ives

Petitioner Edwin Marrero filed a petition for habeas corpus, pursuant to- 28 U.S.C. § 2241 , in the Eastern District of California. The district court construed the petition as a motion under 28 U.S.C. § 2255 and dismissed it for lack of jurisdiction. We affirm.

The government charged Petitioner, in the United States District Court for the Northern District of Illinois, with two counts of interference with interstate commerce by threat or violence, in violation of 18 U.S.C. § 1951 , and use of a firearm during the commission of a crime of violence, in violation of 18 U.S.C. § 924 . The jury convicted him on all counts. After classifying Petitioner as a career offender under the United States Sentencing Guidelines, the court sentenced him to 240 months’ imprisonment on counts 1 and 2 and an additional 84 months’ imprisonment for the firearm charge.

Petitioner appealed to the Seventh Circuit, which affirmed the convictions and sentence in 2002. The United States Supreme Court denied certiorari. Petitioner then filed a motion under § 2255 to vacate or set aside his sentence, which the District Court for the Northern District of Illinois denied. According to Petitioner, he…