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Cheese v. United States
Citation: 302 F. App'x 658Docket: No. 06-55701
Court: Court of Appeals for the Ninth Circuit; December 1, 2008; Federal Appellate Court
Michael Anthony Cheese, a federal prisoner, appeals the dismissal of his 28 U.S.C. § 2241 habeas petition by the district court. The appellate court affirms the dismissal, asserting that Cheese's claim of actual innocence—based on the trial court's failure to properly instruct the jury on essential elements of his offense—was not valid under § 2241. The court highlights that the factual and legal bases for this claim were available during Cheese's initial 28 U.S.C. § 2255 motion, indicating he had not been denied an unobstructed procedural opportunity to present it. Therefore, he does not meet the criteria to utilize the "escape hatch" provision of § 2255. The district court's rejection of Cheese's § 2241 petition and the dismissal of his challenges to his conviction and sentence were deemed correct due to lack of jurisdiction. The decision is affirmed, with a note that it is not suitable for publication and does not serve as precedent except as specified by 9th Cir. R. 36-3.