Ronald Green v. J. Thomas

MEMORANDUM

Federal prisoner Ronald P. Green appeals pro se from the district court’s judg ment dismissing his 28 U.S.C. § 2241 ha-beas petition. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Green contends that he is actually innocent of being a career offender under U.S.S.G. § 4B1.1 and therefore he should be allowed to proceed with his section 2241 petition under the “escape hatch” of 28 U.S.C. § 2255 (e). This contention is foreclosed. See Marrero v. Ives, 682 F.3d 1190, 1195 (9th Cir.2012) (“[T]he purely legal argument that a petitioner was wrongly classified as a career offender under the Sentencing Guidelines is not cognizable as a claim of actual innocence under the escape hatch.”). The district court correctly dismissed his petition. See id.

We construe Green’s additional arguments as a motion to expand the certificate of appealability. So construed, the motion is denied. See 9th Cir. R. 22 — 1(e); Hiivala v. Wood, 195 F.3d 1098, 1104-05 (9th Cir.1999) (per curiam).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.