IVY v. PONTESSO

No. 00-16381.

328 F.3d 1057 (2003)

John Lee IVY, Petitioner-Appellant, v. Stephen F. PONTESSO, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 30, 2003.

Rehearing Denied May 29, 2003.


Attorney(s) appearing for the Case

Michael L. Burke, Assistant Federal Public Defender, Phoenix, AZ, for the appellant.

Michael A. Rotker, Assistant United States Attorney, Washington, DC, for the appellee.

Before: SNEED, McKEOWN and PAEZ, Circuit Judges.


OPINION

SNEED, Circuit Judge.

OVERVIEW

John Lee Ivy ("Ivy") petitioned the district court for a writ of habeas corpus under 28 U.S.C. § 2241. He claims that he is actually innocent of the crime for which he was convicted — engaging in a continuing criminal enterprise ("CCE") — but is unable to raise this claim under 28 U.S.C. § 2255. Ivy claims that this renders § 2255 an "inadequate or ineffective" remedy, and that...

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