Jacob Adams, Jr., an inmate presently confined at the Federal Correctional Institute Fairton, appeals the dismissal of his pro se habeas corpus petition pursuant to 28 U.S.C. § 2241. We will summarily affirm.
In 2002, Adams was convicted in the United States District Court for the District of New Jersey of three counts of bank robbery, in violation of 18 U.S.C. § 2113, and three counts of using a firearm during the commission of a crime of violence, in violation of 18 U.S.C. § 924(c). Adams was sentenced to 610 months of incarceration. We affirmed Adams' conviction but remanded to the District Court for resentencing in light of
On December 14, 2015, Adams filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 in the District of New Jersey, the district in which he is incarcerated. In his petition, Adams claimed that the District Court did not have jurisdiction to convict him because the indictment failed to charge a violation of § 2113(f), which defines the term "bank." The District Court dismissed the petition for lack of jurisdiction, concluding that Adams' could not resort to § 2241 via § 2255's "safety valve" provision.
We have jurisdiction over the appeal pursuant to 28 U.S.C. § 1291. Our review of the District Court's decision to dismiss Adams' § 2241 petition is plenary.
A motion filed under 28 U.S.C. § 2255 in the sentencing court is the presumptive means for a federal prisoner to challenge the validity of a conviction or sentence.
We agree with the District Court that Adams' claim does not fit within the narrow class of circumstances in which a § 2255 motion would be inadequate or ineffective to challenge his conviction. His claim does not rely on an intervening change in the law that has rendered the conduct for which he was convicted non-criminal. More fundamentally, Adams had the opportunity to raise his challenge regarding § 2113(f) on direct appeal and during his § 2255 proceedings, but he failed to do so. Although Adams contends that he may raise his claim at any time because it addresses the District Court's jurisdiction, we have rejected that argument.
For the foregoing reasons, we conclude that the appeal presents no substantial question. Therefore, we will summarily affirm the District Court's judgment.