Lee v. United States of America
Filing
4
OPINION and ORDER Summarily Denying 1 Petition for Writ of Habeas Corpus Signed by District Judge George Caram Steeh. (MBea)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TONY JAMAL LEE,
Petitioner,
Case Number 2:14-cv-10180
Honorable George Caram Steeh
v.
UNITED STATES OF AMERICA,
Respondent.
________________________________/
OPINION AND ORDER SUMMARILY DENYING
PETITION FOR WRIT OF HABEAS CORPUS
Petitioner Tony Jamel Lee is a federal prisoner confined at the Federal Correctional
Institution in Ashland, Kentucky. On November 5, 2008, Petitioner pleaded guilty in the
United States District Court for the Eastern District of Michigan to one count of conspiracy
to distribute controlled substances. 21 U.S.C. §§ 846 and 841(a)(1). The Court sentenced
him to 168 months. See United States v.Lee, Eastern District of Michigan Case No. 07-cr20411.
On September 30, 2013, Petitioner filed a post-conviction motion to vacate sentence
pursuant to 28 U.S.C. § 2255. On March 10, 2014, the Court denied the motion. Petitioner
appealed to the Sixth Circuit, but it too denied Petitioner relief
The instant habeas petition asserts that Petitioner’s trial counsel was ineffective
during the sentencing hearing. Because Petitioner has failed to establish that his remedy
under 28 U.S.C. § 2255 is inadequate or ineffective, the petition for writ of habeas corpus
is DENIED.
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Discussion
A petition for writ of habeas corpus filed by a federal inmate under 28 U.S.C. § 2241
is proper only where the inmate is challenging the manner in which his sentence is being
executed. Capaldi v. Pontesso, 135 F. 3d 1122, 1123 (6th Cir. 1998). A motion to vacate
sentence under § 2255 is the proper avenue for relief as to a federal inmate's claims
challenging his conviction or that his sentence was imposed in violation of the federal
constitution or laws. Id. A motion under § 2255 affords the same rights as a habeas corpus
petition. Davis v. United States, 417 U.S. 333, 343-44 (1974). However, unlike federal
habeas corpus proceedings, a motion under § 2255 is ordinarily presented to the judge who
presided at the original conviction and sentencing of the prisoner. Rule 4(a), 28 U.S.C. foll.
§ 2255; See also Hill v. United States, 368 U.S. 424, 427 (1962).
A federal prisoner may bring a claim challenging his conviction or the imposition of
sentence under 28 U.S.C. § 2241 only if it appears that the remedy afforded under § 2255
is inadequate or ineffective to test the legality of the defendant's detention. See Wooten v.
Cauley, 677 F. 3d 303, 307 (6th Cir. 2012). Habeas corpus is not an additional, alternative,
or supplemental remedy to the motion to vacate, set aside, or correct the sentence. See
Charles v. Chandler, 180 F. 3d 753, 758 (6th Cir. 1999). The burden of showing that the
remedy afforded under § 2255 is inadequate or ineffective rests with the petitioner. See In
Re Gregory, 181 F. 3d 713, 714 (6th Cir. 1999).
Petitioner’s may not assert that his remedy under § 2255 is inadequate or
ineffective. The remedy under § 2255, "is not considered inadequate or ineffective simply
because § 2255 relief has already been denied or because the petitioner is procedurally
barred from pursuing relief under § 2255 or because the petitioner has been denied
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permission to file a second or successive motion to vacate." Charles v. Chandler, 180 F.3d
753, 756 (6th Cir. 1999) (citations omitted). Moreover, this Court cannot construe this
petition as a second motion to vacate sentence brought pursuant to 28 U.S.C. § 2255. In
re Shelton, 295 F. 3d 620, 622 (6th Cir. 2002).
Accordingly, the Court will deny the petition for writ of habeas corpus.
Order
Based upon the foregoing, the petition for writ of habeas corpus brought pursuant
to 28 U.S.C. § 2241 is DENIED. Because a certificate of appealability is not needed to
appeal the denial of a habeas petition filed under § 2241, Witham v. United States, 355 F.
3d 501, 504 (6th Cir. 2004), Petitioner need not apply for one with this Court or with the
Sixth Circuit before filing an appeal from the denial of his habeas petition.
Dated: November 24, 2014
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
November 24, 2014, by electronic and/or ordinary mail and
also on Tony Lee #42176-039, Ashland
Federal Correctional Institution, Inmate Mail/Parcels,
P.O. Box 6001, Ashland, KY 41105 .
s/Barbara Radke
Deputy Clerk
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