Padilla v. United States

Petitioner-Appellant Pedro Padilla (federal prisoner # 58943-004) is currently incarcerated in Anthony, Texas. Padilla filed a 28 U.S.C. § 2241 petition in the Western District of Texas alleging that the convicting district court improperly enhanced his sentence by two levels for possession of a deadly weapon. The district court dismissed Padilla’s § 2241 petition on the grounds that Padilla’s petition was properly construed as a § 2255 petition and: (1) Padilla had not obtained permission from this court to file a successive § 2255 motion, and (2) even if he had obtained permission, Padilla…