Legal Opinion

Carlos Zuniga v. Loretta Lynch

Court of Appeals for the Fifth Circuit

Decided October 1, 2015No. 14-51130Unpublished

1Opinion of the Court

PER CURIAM: *

Carlos Ruben Zuniga, federal prisoner #34086-177, is serving a 60-month sentence for illegal reentry. Zuniga appeals the district court’s denial of his 28 U.S.C. § 2241 petition. The district court determined that Zuniga’s § 2241 petition was a successive 28 U.S.C. § 2254 petition for which Zuniga had not obtained authorization to proceed and dismissed the petition for lack of jurisdiction.

We are now presented with Zuniga’s request for a certificate of appealability (COA) and- motion for appointment of counsel. However, because Zuniga sought relief under § 2241, he does not need…

2Cases cited8 opinions

  1. Maleng v. CookSupreme Court of the United States · 1989
  2. Felker v. TurpinSupreme Court of the United States · 1996
  3. Scott v. JohnsonCourt of Appeals for the Fifth Circuit · 2000
  4. Padilla v. United StatesCourt of Appeals for the Fifth Circuit · 2005
  5. Christopher v. MilesCourt of Appeals for the Fifth Circuit · 2003

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