94-3360 U.S. v. Prevatte

Listen to this article

“Mr. Prevatte has brought a non-frivolous challenge to his conviction by alleging that, due to an intervening decision of the Supreme Court of the United States that narrows significantly the statute under which he was convicted, he stands convicted of having committed an act that Congress did not intend to criminalize. It also appears that a court with jurisdiction over the § 2241 petition would determine that there was no procedural impediment to considering the petition on the merits. Accordingly, we believe that the interests of justice require that we transfer the matter before us to the United States District Court for the District of Colorado for consideration as a petition for a writ of habeas corpus under § 2241. Because we do not have jurisdiction to consider a § 2241 motion based on Jones, we express no opinion on the merits of Mr. Prevatte’s claim that Jones negates his violation of § 844(i) or entitles him to immediate release.”

Transferred.

On Motion to Recall Mandate, Ripple, J.