Legal Opinion
John Lee Ivy v. Stephen F. Pontesso
Court of Appeals for the Ninth Circuit
Decided May 29, 2003No. 00-16381PublishedCited by 231 opinions
1Opinion of the Court
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 he is thereby entitled to seek relief under § 2241. The district court held that Ivy had not demonstrated that § 2255 was an “inadequate or ineffec-five” remedy, and thus rejected his…
2Cases cited17 opinions
- Bailey v. United StatesSupreme Court of the United States · 1995
- Richardson v. United StatesSupreme Court of the United States · 1999
- In Re Ocsulis DorsainvilCourt of Appeals for the Third Circuit · 1997
- In Re James Davenport and Sherman NicholsCourt of Appeals for the Seventh Circuit · 1998
- Jose Evaristo Reyes-Requena v. United StatesCourt of Appeals for the Fifth Circuit · 2001
12 more not listed; retrieve them via the Exa API.
3Cited by231 opinions
- Harrison v. OllisonCourt of Appeals for the Ninth Circuit · 2008
- Mose Stephens, Jr., A/K/A Steve M. Stephens v. Al Herrera, Warden United States of AmericaCourt of Appeals for the Ninth Circuit · 2006
- William Andrew Wright v. Stephen SpauldingCourt of Appeals for the Sixth Circuit · 2019
- Jones v. HendrixSupreme Court of the United States · 2023
- Edwin Marrero v. Richard IvesCourt of Appeals for the Ninth Circuit · 2012
226 more not listed; retrieve them via the Exa API.