Bridges v. Vasquez

ORDER DENYING PETITION UNDER 28 U.S.C. § 2241

HINKLE, District Judge.

This action presents the recurring issue of whether a federal defendant may invoke 28 U.S.C. § 2241 to challenge his or her conviction or sentence as violating the rule of constitutional law adopted in Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000). The issue is important because the usual vehicle for presenting a post-conviction challenge to a federal conviction or sentence, 28 U.S.C. § 2255, is unavailable at this time for -the presentation of the Apprendi issue by a federal defendant who has…