Rith v. Rios

Ninth Circuit

Rith v. Rios

514 F. App'x 684

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 1, 2013

DocketNo. 10-16940

StatusPublished

Cited by2 cases

This text of 514 F. App'x 684 (Rith v. Rios) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rith v. Rios, 514 F. App'x 684 (9th Cir. 2013).

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Opinion

MEMORANDUM

**

Rith appeals from the district court’s judgment of dismissal for lack of jurisdiction of his 28 U.S.C. § 2241 petition. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Although Rith’s argument that he was entitled to bring a section 2241 petition was based on his contention that he was “actually innocent,” he did not argue that he was actually innocent of the crime of [685]*685conviction. His argument that he was innocent of his career offender status for sentencing purposes is “not cognizable as a claim of actual innocence.” Marrero v. Ives, 682 F.3d 1190, 1195 (9th Cir.2012) cert. denied, — U.S. -, 133 S.Ct. 1264, 185 L.Ed.2d 606 (2013). He has not argued that any of the exceptions to this rule recognized by our sister circuits apply here. See Id. at 1194-95. Accordingly, the district court did not err in holding it had no jurisdiction to hear the petition. Id. at 1195.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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MEMORANDUM

**

Rith appeals from the district court’s judgment of dismissal for lack of jurisdiction of his 28 U.S.C. § 2241 petition. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

Although Rith’s argument that he was entitled to bring a section 2241 petition was based on his contention that he was “actually innocent,” he did not argue that he was actually innocent of the crime of [685]*685conviction. His argument that he was innocent of his career offender status for sentencing purposes is “not cognizable as a claim of actual innocence.” Marrero v. Ives, 682 F.3d 1190, 1195 (9th Cir.2012) cert. denied, — U.S. -, 133 S.Ct. 1264, 185 L.Ed.2d 606 (2013). He has not argued that any of the exceptions to this rule recognized by our sister circuits apply here. See Id. at 1194-95. Accordingly, the district court did not err in holding it had no jurisdiction to hear the petition. Id. at 1195.

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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514 F. App'x 684, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rith-v-rios-ca9-2013.

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