Dist. Ct. did not err in denying defendant’s section 2241 petition that challenged his life-term imprisonment on charge of selling heroin that resulted in user’s death, under circumstances, where: (1) defendant argued that Dist. Ct. had issued wrong instruction to jury under Burrage, 571 U.S. 204, since instruction allowed jury to convict defendant where drug was only contributory, as opposed to but-for cause of user’s death; and (2) defendant did not prevail on same issue in prior section 2255 petition that was resolved by 8th Circuit Ct. of Appeals, which found that although wrong instruction was given, defendant forfeited said issue and otherwise failed to show any prejudice resulting from use of wrong instruction. Moreover, defendant could not use instant section 2241 petition to seek relief, where section 2255 habeas petition provided potential remedy. As such, defendant’s only remedy was appeal of decision of 8th Circuit Ct. of Appeals.
Federal 7th Circuit Court
Criminal Court
Habeas Corpus