Nwaebo v. Warden, FCI, Elkton
Docket: No. 03-3037
Court: Court of Appeals for the Sixth Circuit; September 8, 2003; Federal Appellate Court
Felix Nwaebo, a federal prisoner, appeals pro se a district court's dismissal of his habeas corpus petition under 28 U.S.C. § 2241, while also moving for pauper status. Nwaebo was convicted in 1992 of drug-related offenses and sentenced to 188 months imprisonment. His conviction has been upheld through direct appeal and subsequent motions, including a denial of sentence reduction and credit for time served. In his § 2241 petition, Nwaebo claimed issues regarding the jury’s determination of drug type and quantity affecting his sentence, improper jury instructions, and misapplication of sentencing guidelines. The district court dismissed his petition sua sponte, leading to this appeal. The appellate panel found that oral argument was unnecessary and concluded that the dismissal was appropriate, as § 2241 is intended for challenges to the execution of a sentence rather than its validity. For claims regarding the imposition of a sentence, a petitioner must show that a § 2255 motion would be inadequate or ineffective, which Nwaebo did not demonstrate. His claims were therefore deemed abandoned. In his appeal brief, Nwaebo shifted focus to seeking credit for four months of pretrial incarceration, arguing that he could pursue this under § 2241. However, this new argument was not part of his original petition, and the court noted it need not address it. Nwaebo was advised to file a separate petition in the district court for this new claim. The appellate court granted Nwaebo pauper status for the appeal and affirmed the district court's dismissal of his petition.