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Lopez-Lopez v. Sanders

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Submitted: November 16, 2009

Before MURPHY, SMITH, and BENTON, Circuit Judges.

Ruben Lopez-Lopez, a federal inmate in Arkansas, appeals the dismissal of his petition for habeas corpus under 28 U.S.C. § 2241. Convicted of drug offenses, Lopez-Lopez was sentenced to 235 months’ imprisonment by the United States District Court in Puerto Rico. The First Circuit affirmed the conviction and sentence. See United States v. Lopez-Lopez, 282 F.3d 1 (1st Cir. 2002). He later sought relief under 28 U.S.C. § 2255 in the sentencing court, alleging ineffective assistance of trial counsel. After that court and the First Circuit denied a certificate of appealability, Lopez-Lopez petitioned the district court for the Eastern District of Arkansas for relief under § 2241. The district court dismissed the petition, and this court affirmed, concluding he failed to show that § 2255 relief was either inadequate or ineffective. See Lopez-Lopez v. Sanders, 256 Fed. Appx. 15, 16 (8th Cir. 2007), cert. denied, 128 S.Ct. 2945 (2008). Lopez-Lopez filed a new complaint, again asserting his claims under § 2241. Lopez-Lopez now argues that the savings clause of § 2255 allows him to seek relief under § 2241 and that his post-conviction counsel was ineffective. The district court*fn1 dismissed his petition. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

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