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Raposo v. United States

United States District Court, Middle District of Pennsylvania

February 21, 2014

ALBERTO RAPOSO, Petitioner
v.
UNITED STATES OF AMERICA, Respondent

MEMORANDUM

MALACHY E. MANNION United States District Judge

I. Background

Petitioner, Alberto Raposo, an inmate currently confined in the Allenwood Medium Federal Correctional Institution, (“FCI-Allenwood”), White Deer, Pennsylvania, filed this petition for writ of habeas corpus pursuant to 28 U.S.C. §2241. (Doc. No. 1, petition). He challenges a conviction and sentence imposed by the United States District Court for the Southern District of New York. For the reasons set forth below, the Court will dismiss the petition for writ of habeas corpus.

II. Procedural Background

On February 9, 1999, following a jury trial, Raposo was found guilty of one count of Arson, a violation of 18 U.S.C. §844. See USA v. Raposo, Criminal Action No. 1:98-cr-0185-DAB-1 (USDC SDNY (Foley Square)). On June 8, 1999, he was sentenced to a 524 month term of imprisonment, followed by a five (5) year term of supervised release. Id.

On February 17, 2000, the United States Court of Appeals for the Second Circuit affirmed Raposo’s judgment of sentence. Id. No petition for certiorari was filed with the United States Supreme Court. Id.

On June 27, 2001, Raposo filed a motion to vacate, set aside, or correct his sentence, pursuant to 28 U.S.C. §2255. Id.

By Memorandum and Order dated May 7, 2004, Petitioner’s 2255 motion was denied without a hearing. Id.

On July 12, 2004, Raposo appealed the denial of his §2255 motion, which the Court of Appeal for the Second Circuit dismissed on November 10, 2005, for Petitioner’s failure to made a substantial showing of the denial of a constitutional right. Id.

On December 11, 2013, Raposo filed with the district court, a pro se petition for a writ of habeas corpus under 28 U.S.C. §2241, challenging his conviction and sentence. Id. By Order of the same date, the district court transferred the action to the United States Court of Appeals for the Second Circuit, as a request to file a second or successive petition. Id.

On January 22, 2014, the United States Court of Appeals for the Second Circuit denied Raposo’s request as having failed to satisfy the criteria set forth in 28 U.S.C. §2255(h). See Raposo v. United States, No. 13-cv-7792 (2nd Cir. 2013).

On February 18, 2014, Raposo filed the instant petition for writ of habeas corpus pursuant to 28 U.S.C. §2241, challenging his conviction on various claims that he “is illegally held in prison in violation of the Constitution.” (Doc. No. 1, petition).

III. DISCUSSION

“[T]he usual avenue for federal prisoners seeking to challenge the legality of their confinement” is a section 2255 motion. In re Dorsainvil, 119 F.3d 245, 249 (3d Cir. 1997). A challenge to either the validity of a conviction or to a sentence must be brought in the sentencing court by way of a section 2255 motion. See United States v. Miller, 197 F.3d 644, 648 n.2 (3d Cir. 1999). Here, Petitioner is clearly challenging his conviction and sentence. Thus, his proper avenue of relief is a section 2255 motion filed in the district ...


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