Hill v. Rios

Dist. Ct. did not abuse its discretion by denying defendant’s motion for relief under Fed. R. Civ. P. 60(b) to revisit Ct. of Appeal’s decision in defendant’s prior appeal addressing defendant’s section 2241 petition that challenged determination that defendant was career offender. Basis for prior Ct. of Appeal’s decision was that defendant could not use section 2241 to obtain review of career-offender determination where he could have filed section 2255 petition to obtain similar relief. Moreover, while Ct. of Appeals recently determined that section 2241 petition could be used to assert instant sentencing issue, where, as here, defendant had previously filed section 2255 petition, Dist. Ct. could nevertheless deny instant Rule 60(b) motion since defendant could have informed Ct. of Appeals in prior appeal that he had previously filed 2255 petition. Also, defendant’s current sentence was within applicable guideline range had Dist. Ct. not applied career-offender enhancement.