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.