Fraser v. Zenk

OPINION

McKEE, Circuit Judge.

Petitioners Fraser and Hernandez filed petitions pursuant to 28 U.S.C. § 2241 to collaterally attack their sentences. Both petitions were dismissed based on the courts’ determination that they could not petition under section 2241 and must instead pursue second petitions under 28 U.S.C. § 2255. The petitioners appealed. They argue that the length of their sentences is illegal and they can collaterally attack them sentences under section 2241 because they meet the criteria for the safety-valve provision of section 2255. We will affirm.1

I

Because we write only for the…