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Criminal Law: Habeas Petition-Subject-Matter Jurisdiction
Staff Report//December 6, 2019
Where a defendant in a bank-fraud case filed a habeas petition seeking a declaration from the revocation judge that his sentences must run concurrently, the defendant failed to show that he was unable to pursue his desired relief by filing a Section 2255 petition with the sentencing judge, and he did not show that Section 2255 was inadequate or ineffective, so there was no subject-matter jurisdiction to decide the Section 2241 petition.
Vacated.
Lee v. Sanders (MLW No. 74232/Case No. 18-3348 – 6 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, Eastern District of Missouri, J.
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