U.S. v. Dunbar

Full title: UNITED STATES OF AMERICA v. ERICA M. DUNBAR

Court: United States District Court, E.D. Arkansas, Western Division

Date published: Apr 1, 2008

4:03-CR-00221-01-WRW (E.D. Ark. Apr. 1, 2008)

Opinion

4:03-CR-00221-01-WRW.

April 1, 2008

ORDER

WILLIAM WILSON JR., District Judge

Pending are Defendant's Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 (Doc. No. 60), Motion to Proceed In Forma Pauperis (Doc. No. 61), and Motion to Transfer Defendant Between Prisons (Doc. No. 62).

I. BACKGROUND

Following a supervised release revocation hearing held on August 17, 2007 and August 22, 2007, Defendant was sentenced to 12 months in prison and $31,306.06 in restitution. Defendant appealed the 12 month supervised release revocation sentence, but voluntarily dismissed the appeal on November 2, 2007.¹

1 Doc. No. 57.

In her § 2255 Motion, Plaintiff asserts violations of due process and equal protections because "[t]he 8th Circuit ruled that all prisoners sentenced under the 8th Circuit should receive 6 months half-way house placement or at the very least be reviewed based on an individual case by case basis."² Defendant contends that because she is serving her time in Texas, she has "been denied individual review based on 18 U.S.C. § 3621(b)."³

2 Doc. No. 60.

3 Id.

II. DISCUSSION

A § 2255 motion is a procedure a federal prisoner can use to "collaterally attack the validity of [her] conviction in the sentencing court."⁴ Here, Plaintiff is attacking the execution of her sentence, which must be brought under 28 U.S.C. § 2241. This Court lack jurisdiction to consider the motion under either § 2255 or § 2241.⁵

4 U.S. v. Hayman, 342 U.S. 205, 215 (1952).

5 See U.S. v. Gleason, 753 F.2d 83, 85 (8th Cir. 1985) (Holding that district court lacked jurisdiction to consider improperly filed § 2255 motion under § 2241 since the motion was not filed in the district where the prisoner was confined.).

CONCLUSION

Based on the findings of fact and conclusions of law above, Defendant's Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 (Doc. No. 60) is DENIED for want of jurisdiction. Defendant's Motion to Proceed In Forma Pauperis (Doc. No. 61) and Motion to Transfer Defendant Between Prisons (Doc. No. 62) are DENIED as MOOT.

IT IS SO ORDERED.