James Lewis v. Warden Allenwood FCI ( 2017 )


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  • CLD-003                                                        NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    ___________
    No. 17-2555
    ___________
    JAMES DWIGHT LEWIS,
    Appellant
    v.
    WARDEN ALLENWOOD FCI
    ____________________________________
    On Appeal from the United States District Court
    for the Middle District of Pennsylvania
    (D.C. Civil Action No. 1-17-cv-00583)
    District Judge: Honorable Sylvia H. Rambo
    ____________________________________
    Submitted for Summary Action Pursuant to Third Circuit LAR 27.4 and I.O.P. 10.6
    October 5, 2017
    Before: CHAGARES, GREENAWAY, JR. and GREENBERG, Circuit Judges
    (Opinion filed: December 18, 2017)
    _________
    OPINION*
    _________
    PER CURIAM
    *
    This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
    constitute binding precedent.
    James Dwight Lewis, proceeding pro se, appeals from the order of the United
    States District Court for the Middle District of Pennsylvania dismissing his petition for
    habeas corpus. For the reasons that follow, we will summarily affirm.
    Lewis was convicted in the United States District Court for the Eastern District of
    Michigan of conspiracy to distribute crack cocaine and powder cocaine in violation of 18
    U.S.C. §§ 846, 841(a), possession with intent to distribute crack cocaine in violation of
    18 U.S.C. § 841(a), and being a felon in possession of a firearm in violation of 18 U.S.C.
    § 922(g). Lewis was sentenced to life in prison.1 The United States Court of Appeals for
    the Sixth Circuit affirmed Lewis’ conviction and the Supreme Court denied his petition
    for certiorari. United States v. Lewis, 73 F. App’x 108 (6th Cir. 2003). Lewis filed a
    motion to vacate, set aside, and correct sentence pursuant to 28 U.S.C. § 2255 with his
    sentencing court, which was denied. Lewis also sought authorization for file a second or
    successive § 2255 motion from the Sixth Circuit; however, Lewis’ application was
    denied.
    On April 3, 2017, Lewis filed the present petition for habeas corpus pursuant to 28
    U.S.C. § 2241 in the United States District Court for the Middle District of Pennsylvania,
    where he is currently incarcerated. Lewis raised the following claims: (1) his
    resentencing constituted a new judgment for § 2244 purposes, (2) the Government
    withheld Brady material, (3) trial counsel provided ineffective assistance of counsel, (4)
    Lewis is actually innocent of being a felon in possession of a firearm under Henderson v.
    2
    United States, 
    135 S. Ct. 1780
    (2015), and (5) Lewis is actually innocent of his
    sentencing enhancement due to the Supreme Court’s decision in Burrage v. United States,
    
    134 S. Ct. 881
    (2014). The District Court reviewed Lewis’ petition pursuant to Rule 4 of
    the Rules Governing § 2254 Cases and dismissed the petition for lack of jurisdiction.
    Lewis appeals.
    We have jurisdiction over this appeal pursuant to 28 U.S.C. § 1291. We exercise
    plenary review over the District Court’s order denying Lewis’ petition for lack of
    jurisdiction. Gardner v. Warden Lewisburg USP, 
    845 F.3d 99
    , 102 (3d Cir. 2017). We
    may take summary action if this appeal does not present a substantial question. See 3d
    Cir. L.A.R. 27.4; 3d Cir. I.O.P. 10.6.
    A motion filed under 28 U.S.C. § 2255 in the sentencing court is the presumptive
    means for a federal prisoner to challenge the validity of a conviction or sentence. See
    Okereke v. United States, 
    307 F.3d 117
    , 120 (3d Cir. 2002). In certain limited
    circumstances, a federal prisoner can seek relief under § 2241 in the district of
    confinement if the remedy provided by § 2255 is inadequate or ineffective to test the
    legality of his detention. 28 U.S.C. § 2255(e); see In re Dorsainvil, 
    119 F.3d 245
    , 249-51
    (3d Cir. 1997). We have applied this “safety valve” in the rare situation where a prisoner
    has had no prior opportunity to challenge his conviction for actions deemed to be non-
    criminal by an intervening change in law. 
    Okereke, 307 F.3d at 120
    . A § 2255 motion is
    not “inadequate or ineffective” merely because the petitioner cannot meet the stringent
    1
    Lewis’ sentence was later reduced pursuant3to 18 U.S.C. § 3582(c)(2).
    gatekeeping requirements of § 2255, 
    id., or because
    the sentencing court does not grant
    relief, Cradle v. U.S. ex rel. Miner, 
    290 F.3d 536
    , 539 (3d Cir. 2002).
    Lewis argued that § 2255 is inadequate or ineffective because he sought leave
    from the Sixth Circuit to raise his present claims in another § 2255 motion, the Sixth
    Circuit denied his application, and that ruling is not subject to appeal. See 28 U.S.C. §
    2244(b)(3)(E). We agree with the District Court, however, that Lewis’s claims do not fit
    within the narrow class of circumstances in which a § 2255 motion would be inadequate
    or ineffective to challenge his conviction. Lewis’ claims that his resentencing constituted
    a new judgment, that trial counsel provided ineffective assistance, and that the
    Government violated its disclosure duty under Brady are the prototypical claims that
    should be raised in a § 2255 motion. It is Lewis’ inability to meet the gatekeeping
    requirements of § 2255(h) that has prevented him from obtaining relief, not the
    inadequacy or ineffectiveness of the § 2255 remedy.
    Additionally, there was no basis to transfer Lewis’ petition to the United States
    District Court for the Eastern District of Michigan, as he is confined in the Middle
    District of Pennsylvania. The proper venue for a § 2241 petition is the District in which
    an inmate is confined. See Rumsfeld v. Padilla, 
    542 U.S. 426
    , 443 (2004); see also
    Furnari v. U.S. Parole Comm’n, 
    531 F.3d 241
    , 255 (3d Cir. 2008) (“28 U.S.C. § 2241
    allows habeas corpus petitions to be brought … in the district in which the petitioner is
    confined.”). Accordingly, the Eastern District of Michigan did not have jurisdiction over
    4
    Lewis’ § 2241 petition. It would likewise not have jurisdiction over the petition even if it
    were construed as a § 2255 motion. See 28 U.S.C. § 2244(a).
    Lewis’ arguments under Henderson and Burrage are also unpersuasive. Lewis
    argued that the Supreme Court in Henderson narrowed the interpretation of possession of
    a firearm as contained in § 922(g). Lewis argued that, under this narrowed definition, he
    is actually innocent of his felon in possession conviction. Lewis is mistaken in his
    interpretation of Henderson. In Henderson, the Supreme Court held that an individual
    convicted under § 922(g) may transfer his firearms to a third party unless the transfer
    would allow the individual to later control the 
    firearm. 135 S. Ct. at 1783
    , 1786. Thus,
    there has been no intervening change in law that made Lewis’ conduct non-criminal.
    Similarly, in Burrage the Supreme Court explained, in pertinent part, that the
    “death results” sentencing enhancement in 21 U.S.C. § 841(b)(1) “is an element that must
    be submitted to the jury and found beyond a reasonable 
    doubt.” 134 S. Ct. at 887
    . Lewis
    argued that he is actually innocent of his enhanced sentence because, after Burrage, drug
    quantities are an element of the offense that must be presented to the jury and found
    beyond a reasonable doubt. The Supreme Court’s decision in Burrage merely applied
    Apprendi v. New Jersey, 
    530 U.S. 466
    (2000), and Alleyne v. United States, 
    133 S. Ct. 2151
    (2013). See 
    Burrage, 134 S. Ct. at 887
    .2 We have previously held that a § 2255
    2
    In Apprendi, the Supreme Court held that “[o]ther than the fact of a prior conviction,
    any fact that increases the penalty for a crime beyond the prescribed statutory maximum
    must be submitted to a jury, and proved beyond a reasonable 
    doubt.” 530 U.S. at 490
    . In
    Alleyne, the Supreme Court held that the same rule applies to “facts that increase
    5
    motion is not an inadequate or ineffective vehicle for raising arguments based on
    Apprendi or Alleyne. See 
    Gardner, 845 F.3d at 100
    ; 
    Okereke, 307 F.3d at 120
    -21.
    Accordingly, Lewis cannot resort to § 2241 to raise this claim.3
    For the foregoing reasons, we conclude that the appeal presents no substantial
    question. Therefore, we will summarily affirm the District Court’s judgment. See 3d
    Cir. LAR 27.4 and I.O.P. 10.6.
    mandatory minimum 
    sentences.” 133 S. Ct. at 2163
    .
    3
    Even if the District Court had jurisdiction under 28 U.S.C. § 2241, Lewis would not be
    entitled to relief under Burrage because his case did not involve a finding of death or
    serious bodily injury. See 
    Burrage, 134 S. Ct. at 892
    .
    6