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    Larry Iron Cloud v. William Perrill, "Bill," Warden, Federal Correctional Institution-Englewood, 16 F.3d 416, 10th Cir. (1994)

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    Larry Iron Cloud petitioned for a writ of habeas corpus, arguing that the district court in South Dakota did not have jurisdiction to sentence him as an adult. The Colorado district court denied the petition, finding that relief under 28 U.S.C. 2255 was not shown to be inadequate. The appellate court affirmed, noting that any challenge to a sentence must be brought under 28 U.S.C. 2255 in the court that imposed the sentence, not through habeas corpus. The appellate court ordered the case submitted without oral argument.

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    Larry Iron Cloud v. William Perrill, "Bill," Warden, Federal Correctional Institution-Englewood, 16 F.3d 416, 10th Cir. (1994)

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    Larry Iron Cloud petitioned for a writ of habeas corpus, arguing that the district court in South Dakota did not have jurisdiction to sentence him as an adult. The Colorado district court denied the petition, finding that relief under 28 U.S.C. 2255 was not shown to be inadequate. The appellate court affirmed, noting that any challenge to a sentence must be brought under 28 U.S.C. 2255 in the court that imposed the sentence, not through habeas corpus. The appellate court ordered the case submitted without oral argument.

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    Filed: 1994-01-20 Precedential Status: Precedential Citations: 16 F.3d 416 Docket: 93-1365

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    Larry Iron Cloud petitioned for a writ of habeas corpus, arguing that the district court in South Dakota did not have jurisdiction to sentence him as an adult. The Colorado district court denied the petition, finding that relief under 28 U.S.C. 2255 was not shown to be inadequate. The appellate court affirmed, noting that any challenge to a sentence must be brought under 28 U.S.C. 2255 in the court that imposed the sentence, not through habeas corpus. The appellate court ordered the case submitted without oral argument.

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    Larry Iron Cloud v. William Perrill, "Bill," Warden, Federal Correctional Institution-Englewood, 16 F.3d 416, 10th Cir. (1994)

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    Larry Iron Cloud petitioned for a writ of habeas corpus, arguing that the district court in South Dakota did not have jurisdiction to sentence him as an adult. The Colorado district court denied the petition, finding that relief under 28 U.S.C. 2255 was not shown to be inadequate. The appellate court affirmed, noting that any challenge to a sentence must be brought under 28 U.S.C. 2255 in the court that imposed the sentence, not through habeas corpus. The appellate court ordered the case submitted without oral argument.

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    of 2

    16 F.

    3d 416
    NOTICE: Although citation of unpublished opinions remains unfavored,
    unpublished opinions may now be cited if the opinion has persuasive value on a
    material issue, and a copy is attached to the citing document or, if cited in oral
    argument, copies are furnished to the Court and all parties. See General Order of
    November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or
    further order.

    Larry Iron CLOUD, Petitioner-Appellant,


    v.
    William PERRILL, "Bill," Warden, Federal Correctional
    Institution-Englewood, Respondent-Appellee.
    No. 93-1365.

    United States Court of Appeals,


    Tenth Circuit.
    Jan. 20, 1994.
    ORDER AND JUDGMENT1
    Before MOORE, ANDERSON, and KELLY, Circuit Judges.

    After examining the briefs and appellate record, this panel has determined
    unanimously that oral argument would not materially assist the determination
    of this appeal. See Fed. R.App. P. 34(a); 10th Cir. R. 34.1.9. The cause is
    therefore ordered submitted without oral argument.

    Larry Iron Cloud petitioned the district court for the District of Colorado for
    habeas corpus relief contending the court which sentenced him, the district
    court for the District of South Dakota, did not have jurisdiction to sentence him
    as an adult. Finding that petitioner failed to demonstrate relief under 28 U.S.C.
    2255 was inadequate, the Colorado district court denied the petition. That
    ruling was not erroneous.

    It is beyond argument that an attack upon a sentence, which the petitioner has
    raised in this case, must be mounted under 28 U.S.C. 2255.2 Thus, instead of
    the action filed in Colorado, petitioner's only avenue for relief is to file an

    appropriate motion in the court which sentenced him. Carter v. Attorney


    General, 782 F.2d 138, 141 (10th Cir.1986).
    4

    AFFIRMED.

    This order and judgment is not binding precedent, except under the doctrines of
    law of the case, res judicata, and collateral estoppel. The court generally
    disfavors the citation of orders and judgments; nevertheless, an order and
    judgment may be cited under the terms and conditions of the court's General
    Order filed November 29, 1993. --- F.R.D. ---

    "A prisoner in custody under sentence of a court established by Act of Congress


    claiming the right to be released upon the ground ... the court was without
    jurisdiction to impose such sentence ... may move the court which imposed the
    sentence to vacate, set aside, or correct the sentence."

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