Arturo J. Atehortua v. Thomas Kindt, Warden

COFFEY, Circuit Judge.

Petitioner-appellant Arturo J. Atehortua appeals the district court’s denial of his habeas corpus petition brought pursuant to 28 U.S.C. § 2241. Atehortua claims that the sentence imposed for his possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 is subject to collateral attack. We vacate the district court’s denial of this habeas petition for lack of jurisdiction.

I

Title 21, U.S.C. § 841 makes it a crime to possess cocaine with intent to distribute.1 On October 27, 1986, the United States Congress amended 21 U.S.C. § 841. Before the amendment, a…