Chelberg

BACKGROUND

18 Petitioner Travis Chelberg, who is proceeding pro se, filed a Petition for Writ 19 of Habeas Corpus under 28 U.S.C. § 2241. (Civ. Case, ECF No. 1.) He is 20 currently incarcerated at the Metropolitan Correctional Center in San Diego, 21 California. (Id.) On December 3, 2010, Mr. Chelberg pled guilty to one count of 22 assault with the intent to commit a felony (witness tampering), in violation of 18 23 U.S.C. §§ 113(a)(2) and 7(3), and one count of felon in possession of a firearm, in 24 violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). (Crim. Case, ECF Nos. 127, 25 129, 130.) Mr. Chelberg’s plea agreement established that he qualified for a career

27 1 The petition was initially dismissed for failure to pay the filing fee. (ECF No. 2.) Mr. Chelberg has since paid the offender enhancement under U.S.S.G. § 4B1.1. (Crim Case, ECF No. 129, at 7– 8.) As part of the plea agreement, Mr. Chelberg waived any right to appeal or to collaterally attack his conviction or sentence. (Id.) On February 24, 2012, the Court sentenced Mr. Chelberg to a term of 168 months in accordance with the joint recommendation of the parties after he…