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Lester v. Warden, FCC Coleman-Low

United States District Court, M.D. Florida, Ocala Division
May 2, 2011
Case No. 5:11-cv-145-Oc-23AEP (M.D. Fla. May. 2, 2011)

Opinion

Case No. 5:11-cv-145-Oc-23AEP.

May 2, 2011


ORDER


Lester, who is serving a federal sentence in the Federal Correctional Institution in Coleman, Florida, moves (Doc. 1) under 28 U.S.C. § 2241 for a writ of habeas corpus. He (1) claims that he is "not [ad]judicated guilty of the aggravated factors, drug quantities, under 21 U.S.C. § 846," (2) claims that his sentence exceeds the maximum allowable sentence, and (3) seeks re-sentencing that is "supported by his indictment which would carr[y] a minimum of zero and the maximum of 20 years."

Lester attacks the validity of his sentence rather than the means of execution, which claim is properly made under 28 U.S.C. § 2255. Lester has filed no motion under 28 U.S.C. § 2255. Accordingly, the petition is DISMISSED WITHOUT PREJUDICE. The Clerk shall enter judgment dismissing the petition, terminate any pending motion, and close the case.

ORDERED in Tampa, Florida.


Summaries of

Lester v. Warden, FCC Coleman-Low

United States District Court, M.D. Florida, Ocala Division
May 2, 2011
Case No. 5:11-cv-145-Oc-23AEP (M.D. Fla. May. 2, 2011)
Case details for

Lester v. Warden, FCC Coleman-Low

Case Details

Full title:MICHAEL LESTER, Petitioner, v. WARDEN, FCC COLEMAN-LOW, Respondent

Court:United States District Court, M.D. Florida, Ocala Division

Date published: May 2, 2011

Citations

Case No. 5:11-cv-145-Oc-23AEP (M.D. Fla. May. 2, 2011)