Opinion

Twitty v. Daniel

Court
District Court, District of Columbia
Filed
Jun 15, 2010
Status
Published
On the bench
Judge Ellen S. Huvelle
Nature of suit
Civil
Cited by
0 cases
Authority
More cited than 31.4%

attack on the constitutionality of the statute under which defendant was convicted and sentenced is properly pursued by motion under 28 U.S.C. § 225 5

How later courts described this case

  • attack on the constitutionality of the statute under which defendant was convicted and sentenced is properly pursued by motion under 28 U.S.C. § 225 5
  • the sentencing court is the only court with jurisdiction to hear defendant’s complaint regarding errors that occurred before or during sentencing

Written by the judges who cited it.

The opinion

\®»

FILED

UNITED STATES DISTRICT COURT JUN 1 5 2010

FOR THE DISTRICT OF COLUMBIA _

Clerk. U.S. Distnct & Bankruptcy

courts for me D\strict ot columbia

Andre J. Twitty, )

)

Petitioner, )

)

v. ) Civil Acti0n No.

)

Blake Daniel, Warden, )

)

Respondent. )

MEMORANDUM OPINION

ln this action for a writ of habeas corpus under 28 U.S.C. § 2241 , petiti0ner, a prisoner at

the United States Penitentiary (Max) in Florence, Colorado, challenges his sentence imposed by

the United States District Court for the Northern District of Georgia. Pet. at 2. He claims that

his conviction is invalid for a variety of reasons, including that the sentencing court lacked

jurisdiction, the prosecutor committed perjury, and that the petitioner had ineffective assistance

of counsel. Id. at 6.

Habeas review of a federal conviction and sentence is available under 28 U.S.C. § 2255,

which states as fol1ows:

An application for a writ of habeas corpus in behalf of a prisoner who is

authorized to apply for relief by motion pursuant to [§ 2255] shall not be entertained

if it appears that the applicant has failed to apply for [§ 225 5] relief, by motion, to the

court which sentenced him, or that such court has denied him relief, unless it also

appears that the remedy by motion is inadequate or ineffective to test the legality of his

detention.

28 U.S.C. § 2255. See Taylor v. United Stales Board ofParole, 194 F.2d 882, 883 (D.C. Cir.

1952) (attack on the constitutionality of the statute under which defendant was convicted and

sentenced is properly pursued by motion under 28 U.S.C. § 225 5); Ojo v. Immigration &

Naturalization Servz`ce, 106 F.3d 680, 683 (5th Cir. 1997) (the sentencing court is the only court

with jurisdiction to hear defendant’s complaint regarding errors that occurred before or during

sentencing). In the absence of any basis for finding petitioner’s remedy under § 2255 inadequate or

ineffective, this civil court lacks jurisdiction to entertain the petition. Petitioner’s recourse lies in

the sentencing court.

A separate Order of dismissal accompanies this Memorandum Opinion.

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Date: "b/ l 1b \\[Q United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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