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Brito v. U.S.

United States Court of Appeals, Fifth Circuit
Mar 14, 2011
419 F. App'x 435 (5th Cir. 2011)

Summary

rejecting plaintiff's right to travel challenge because "nothing in SORNA places any restriction on [defendant's] movement from state to state"

Summary of this case from John Doe v. Jindal

Opinion

No. 10-40758 Summary Calendar.

March 14, 2011.

Ramon Jaimes Brito, Sheridan, OR, pro se.

Appeal from the United States "District Court for the Southern District of Texas, USDC No. 2:10-CV-150.

Before DAVIS, SMITH, and SOUTHWICK, Circuit Judges.


Ramon Jaimes Brito, federal inmate # 01798-298, appeals the dismissal for lack of jurisdiction of his 28 U.S.C. § 2241 petition challenging his guilty-plea conviction for conspiracy to possess with intent to distribute more than five kilograms of co-caine. Brito was incarcerated in Oregon at the time he filed his § 2241 petition. The district court, therefore, correctly determined that it lacked jurisdiction to consider his § 2241 petition, including the issue of whether his claims are properly brought under § 2241 via the savings clause of 28 U.S.C. § 2255. See Padilla v. United States, 416 F.3d 424, 425-26 (5th. Cir. 2005). The district court's dismissal without prejudice to refiling in the appropriate district court is AFFIRMED.


Summaries of

Brito v. U.S.

United States Court of Appeals, Fifth Circuit
Mar 14, 2011
419 F. App'x 435 (5th Cir. 2011)

rejecting plaintiff's right to travel challenge because "nothing in SORNA places any restriction on [defendant's] movement from state to state"

Summary of this case from John Doe v. Jindal
Case details for

Brito v. U.S.

Case Details

Full title:Ramon Jaimes BRITO, Petitioner-Appellant v. UNITED STATES of America…

Court:United States Court of Appeals, Fifth Circuit

Date published: Mar 14, 2011

Citations

419 F. App'x 435 (5th Cir. 2011)

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