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HARRISON v. OLLISON

No. 06-55470.

519 F.3d 952 (2008)

Dave HARRISON, Petitioner-Appellant, v. Derrick L. OLLISON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 20, 2008.

Attorney(s) appearing for the Case

Kurt David Hermansen, Law Office of Kurt David Hermansen, San Diego, CA, for the petitioner-appellant.

Carol C. Lam, United States Attorney; Bruce R. Castetter, Lawrence E. Spong, Assistant United States Attorneys, San Diego, CA, for the respondent-appellee.

Before: J. CLIFFORD WALLACE, THOMAS G. NELSON, and SANDRA S. IKUTA, Circuit Judges.

OPINION

IKUTA, Circuit Judge:

A federal prisoner challenging the legality of a sentence must generally do so by a motion pursuant to 28 U.S.C. § 2255. However, when a motion under § 2255 is "inadequate or ineffective to test the legality" of a prisoner's detention, see id., a prisoner may bring a habeas petition under 28 U.S.C. § 2241. This appeal requires us to determine whether the petitioner, Dave Harrison, was entitled to bring...

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