Alaimalo

Alaimalo v. United States

Good Law
317 F. App'x 619
United States Court of Appeals for the Ninth CircuitSeptember 23, 2008No. 07-56621California298 words

Opinion

Lead Opinion

MEMORANDUM **

Vaatausili Mark Alaimalo, a federal prisoner, appeals pro se the dismissal for lack of subject matter jurisdiction of his 28 U.S.C. § 2241 habeas corpus petition seeking to vacate the life sentence imposed following his conviction for three counts of importation of methamphetamine and three counts of possession of methamphetamine with intent to distribute. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm:

Alaimalo contends that the district court erred in failing to address on the merits his claim that under United States v. Cabaccang, 332 F.3d 622 (9th Cir.2003) (en banc), he is actually innocent of importation because the methamphetamine involved in the offenses had traveled inside United States territory between California and Guam. The district court ■ correctly concluded that 28 U.S.C. § 2255 was not an inadequate or ineffective remedy so as to allow Alaimalo to proceed under § 2241. See Harrison v. Ollison, 519 F.3d 952, 959 (9th Cir.2008) (stating that § 2255 escape hatch criteria met when petitioner claims actual innocence and has not had unobstructed procedural shot at presenting that claim). We note that, as stated in the answering brief, even…

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