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Ruben Cuevas v. Jeffrey Grondolsky, Warden of Fmc Devens

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Before Lynch, Chief Judge, Boudin and Lipez, Circuit Judges.

After being extradited from Columbia, petitioner Ruben Cuevas was convicted in federal court for his part in a drug conspiracy. He twice sought relief under 28 U.S.C. § 2255, without success. Cuevas v. United States, No. 8:09-cv-2009-T-24-TGW, 2009 WL 3763036 (M.D. Fla. Nov. 10, 2009); Cuevas v. United States, No. 8:06-cv-1126-T-24-TGW, 2006 WL 3408180 (M.D. Fla. Nov. 27, 2006). Cuevas now seeks relief under 28 U.S.C. § 2241 for alleged violations of the extradition treaty under which he was brought to the United States. The district court denied relief, deeming the petition to be an attempt to circumvent the limits on section 2255 motions.*fn1 Petitioner has filed a pro se appellate brief. The United States has moved for summary affirmance under our Local Rule 27.0(c). Petitioner responded by moving to “reinstate the briefing notice,” but in substance the case has been briefed on both sides.

Petitioner argues that section 2241 is the proper vehicle for his treaty-based claim, and that section 2255 is not, based on statutory text. The text of section 2241 authorizes relief for a prisoner held “in custody in violation of the Constitution or laws or treaties of the United States . . . .” 28 U.S.C. § 2241(c)(3)(emphasis added). Cf. 28 U.S.C. § 2254(a)(also authorizing relief from “custody in violation of the Constitution or laws or treaties of the United States”). By contrast, the text of section 2255 authorizes relief on “the ground that the sentence was imposed in violation of the Constitution or laws of the United States . . . .” 28 U.S.C. § 2255(a).

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