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Richard v. Andrews
Citation: 56 F. App'x 374Docket: No. 02-15024; D.C. No. CV-00-07154-AWI
Court: Court of Appeals for the Ninth Circuit; February 18, 2003; Federal Appellate Court
Billy Frank Richard, a federal prisoner, appeals the district court's denial of his 28 U.S.C. § 2241 petition, which contests his jury trial conviction and sentence for cocaine conspiracy. The appellate court has jurisdiction under 28 U.S.C. § 2253 and reviews the case de novo. The court affirms the district court's decision, stating that Richard cannot challenge his conviction through a § 2241 petition because he has not shown that the remedies available under 28 U.S.C. § 2255 in the sentencing court are inadequate or ineffective. The court references precedents indicating that a § 2241 petition is not permissible simply because a court of appeals has denied certification for a second or successive § 2255 motion. Therefore, the district court's dismissal of Richard’s § 2241 petition for lack of jurisdiction is upheld. The disposition is not meant for publication and cannot be cited in this circuit, and all pending motions are denied as moot.