· 1/21/2009
Nichols v. Symmes
Citations
- 553 F.3d 647
- 2009 U.S. App. LEXIS 965
- 2009 WL 129496
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that prisoner who sought to withdraw guilty plea based on alleged breach of plea agreement due to his placement in a federal, rather than a state, prison facility had to bring claim under § 2255, not § 2241
- explaining a “claim attacking the execution of a sentence should be brought in a § 2241 petition in the jurisdiction of incarceration”
- petitioner’s claim that he was wrongly confined in a federal facility was moot in that it had already been cured by his transfer to a state facility
- describing the § 2255(h) authorization requirements as “stringent”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Beam, Benton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.