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ALLEN v. IVES

No. 18-35001.

950 F.3d 1184 (2020)

Michael ALLEN, Petitioner-Appellant, v. Richard IVES, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 24, 2020.

Attorney(s) appearing for the Case

Elizabeth G. Daily (argued), Assistant Federal Public Defender, Federal Public Defender's Office, Portland, Oregon, for Petitioner-Appellant.

Amy Potter (argued) and Natalie K. Wight , Assistant United States Attorneys; Kelly A. Zusman , Appellate Chief; Billy J. Williams , United States Attorney, District of Oregon; United States Attorney's Office, Portland, Oregon; for Respondent-Appellee.

Dissent by Judge Callahan.

OPINION

Petitioner Michael Allen appeals the district court's dismissal of his 28 U.S.C. § 2241 habeas corpus petition for lack of jurisdiction. Allen contends that he is "actually innocent" of his sentence as a career offender; that the remedy provided by 28 U.S.C. § 2255 is "inadequate or ineffective...

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