Willie Love v. United States

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 99-3251
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Willie Love, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* District of Minnesota.
United States of America, *
* [UNPUBLISHED]
Appellee. *
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Submitted: February 7, 2000
Filed: February 15, 2000
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Before RICHARD S. ARNOLD, BOWMAN, and BEAM, Circuit Judges.
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PER CURIAM.
Willie Love, a federal prisoner, appeals the district court’s1 dismissal of his 28
U.S.C. § 2241 habeas petition, which he filed after his convictions on drug and firearm
violations were affirmed on appeal, see United States v. Huff, 959 F.2d 731 (8th Cir.),
cert. denied, 506 U.S. 855 (1992), and his subsequent 28 U.S.C. § 2255 petition was
denied. Upon careful review of the record and the parties’ submissions, we conclude
that the district court properly dismissed Love’s petition for the reasons described in
1
The Honorable Richard H. Kyle, United States District Judge for the District
of Minnesota, adopting the report and recommendation of the Honorable Arthur J.
Boylan, United States Magistrate Judge for the District of Minnesota.
the magistrate judge’s report. See 28 U.S.C. § 2255 (application for writ of habeas
corpus on behalf of prisoner authorized to apply for relief under § 2255 shall not be
entertained if it appears applicant has failed to apply for such relief by motion to
sentencing court, or that such court has denied him relief, unless it also appears that
remedy by motion is “inadequate or ineffective” to test detention’s legality); Triestman
v. United States, 124 F.3d 361, 376 (2d Cir. 1997) (habeas corpus is not preserved
merely because prisoner faces substantive or procedural barrier to § 2255 relief).
Accordingly, we affirm. See 8th Cir. R. 47B.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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