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Blanton v. Wrigley

United States Court of Appeals, Ninth Circuit
Feb 21, 2006
168 F. App'x 238 (9th Cir. 2006)

Opinion

Submitted February 13, 2006.

This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Page 239.

Bryan Lamar Blanton, Adelanto, CA, pro se.

William You, Esq., Leon W. Weidman, Esq., USLA-Office of the U.S. Attorney, Los Angeles, CA, for Respondent-Appellee.


Appeal from the United States District Court for the Central District of California, Florence Marie Cooper, District Judge, Presiding. D.C. No. CV-05-2913-FMC.

Before: FERNANDEZ, RYMER, and BYBEE, Circuit Judges.

MEMORANDUM

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.

Bryan L. Blanton, a federal prisoner, appeals pro se the dismissal without prejudice of his 28 U.S.C. § 2241 habeas corpus petition challenging the career offender enhancement of his sentence for armed bank robbery and other crimes. The district court correctly concluded that Blanton must challenge his sentence in a motion under 28 U.S.C. § 2255. See Lorentsen v. Hood, 223 F.3d 950, 953 (9th Cir.2000). As Blanton states, his § 2255 motion is pending in the district court. We therefore reject his contention that he may proceed under § 2241 pursuant to § 2255's savings clause for cases in which the § 2255 remedy is inadequate or ineffective. See id.

AFFIRMED


Summaries of

Blanton v. Wrigley

United States Court of Appeals, Ninth Circuit
Feb 21, 2006
168 F. App'x 238 (9th Cir. 2006)
Case details for

Blanton v. Wrigley

Case Details

Full title:Bryan Lamar BLANTON, Petitioner--Appellant, v. Jeff WRIGLEY, Warden…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 21, 2006

Citations

168 F. App'x 238 (9th Cir. 2006)

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