Vaccaro

Vaccaro v. Andrews

Good Law
116 F. App'x 780
United States Court of Appeals for the Ninth CircuitOctober 6, 2004No. 03-16330; D.C. No. CV-01-05889-OWWCalifornia393 words

Opinion

Lead Opinion

MEMORANDUM **

John Joseph Vaccaro appeals the district court’s denial of his 28 U.S.C. § 2241 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, Tripa *781 ti v. Henman, 843 F.2d 1160, 1162 (9th Cir.1988), and affirm.

Vaccaro was convicted and sentenced for RICO conspiracy and wire fraud violations in the Southern District of Mississippi, while on parole in the District of Nevada. Vaccaro is now in the custody of the Bureau of Prisons (“BOP”) in Taft, California.

Vaccaro is challenging a sentencing enhancement and fine imposed by the Southern District of Mississippi. However, a federal prisoner who wishes to challenge the validity or constitutionality of his sentence must do so by way of a motion to vacate, set aside, or correct the sentence under 28 U.S.C. § 2255 , and file the motion in the jurisdiction of the sentencing court. See Tnpati, 843 F.2d at 1162 . Vaccaro’s challenges are to his sentence, and he should raise his claims in a § 2255 motion. Accordingly, the district court properly dismissed those challenges. See id. at 1163.

Vaccaro also contends that his due process rights were violated when the BOP determined that his current sentence…

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