Arreazola

Arreazola v. United States

Good Law
72 F. App'x 714
United States Court of Appeals for the Ninth CircuitAugust 19, 2003No. 03-15241; D.C. No. CV-02-00633-JCMCalifornia308 words

Opinion

Lead Opinion

MEMORANDUM **

Federal prisoner Gilbert H. Arreazola appeals pro se the district court’s dismissal of his 28 U.S.C. § 2241 petition, which seeks to challenge his 188-month sentence for conspiracy to distribute cocaine. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a). Reviewing de novo, Tripati v. Henman, 843 F.2d 1160, 1162 (9th Cir. 1988), we affirm.

Arreazola seeks to challenge his sentence under Apprendi v. New Jersey, 530 U.S. 466, 490 , 120 S.Ct. 2348 , 147 L.Ed.2d 435 (2000). Despite Arreazola’s contrary assertion, this is a challenge to the validity of his sentence, which must normally be brought in a motion under 28 U.S.C. § 2255 . See Lorentsen v. Hood, 223 F.3d 950, 953 (9th Cir.2000). Arreazola contends, however, that he may bring his challenge under § 2241 through § 2255’s “savings clause.” See 28 U.S.C. § 2255 (stating that a prisoner may use § 2241 instead of § 2255 when the remedy under § 2255 “is inadequate or ineffective to test the legality of his detention”). However, the district court correctly determined that Arreazola has failed to demonstrate that the savings clause applies. See Moore v. Reno, 185 F.3d 1054, 1055 (9th Cir.1999) (per curiam)…

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