(HC) Stratos v. Bureau of Prisons

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TROY STRATOS, No. 2:20-cv-2302 AC P Petitioner, v. ORDER FEDERAL BUREAU OF PRISONS, Respondent. 16 Petitioner, a federal prisoner proceeding through counsel, has filed a petition for a writ of habeas corpus. Although the petition was filed as a separate action under 28 U.S.C. § 2241, the petition itself states that it is brought under 28 U.S.C. § 2255 (ECF No. 1 at 4) and challenges petitioner’s conviction rather than the manner in which his sentence is being executed. Accordingly, it plainly appears that the petition is in fact a motion to vacate, set aside, or correct the sentence under 28 U.S.C. § 2255, which should have been filed in the underlying criminal case, United States v. Stratos, 2:11-cr-0537 TLN. Under 28 U.S.C. § 2255, the federal sentencing court is authorized to grant relief if it concludes that “the sentence was imposed in violation of the Constitution or laws of the United States,…